DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Mercury Walch as The Trustee for the Mercury Walch Trust T/A Mercury Walch Pty Ltd
(AG2021/6485)

MERCURY WALCH PTY LTD - STAFF ENTERPRISE AGREEMENT 2021

Graphic Arts
COMMISSIONER WILSON	MELBOURNE, 16 AUGUST 2021

Application for approval of the Mercury Walch Pty Ltd - Staff Enterprise Agreement 2021.

[1] An application has been made for approval of an enterprise agreement known as the Mercury Walch Pty Ltd - Staff Enterprise Agreement 2021 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Mercury Walch as The Trustee for the Mercury Walch Trust T/A Mercury Walch Pty Ltd. The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] The "Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union" known as the Australian Manufacturing Workers' Union (AMWU) being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 23 August 2021. The nominal expiry date of the Agreement is 30 June 2022.

COMMISSIONER

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Annexure A

CaseChat Overview and Summary

Mercury Walch as The Trustee for the Mercury Walch Trust T/A Mercury Walch Pty Ltd sought the court's approval for the Mercury Walch Pty Ltd - Staff Enterprise Agreement 2021. The applicant was the trustee of the Mercury Walch Trust and sought approval for the enterprise agreement on behalf of the trust. The court was required to determine whether the enterprise agreement met the requirements of the Fair Work Act 2009 (Cth) and whether it was in the best interests of the employees.

The primary legal issue was whether the enterprise agreement complied with the provisions of the Fair Work Act 2009 (Cth) and the relevant regulations. The court had to consider whether the agreement was a genuine enterprise agreement, whether it contained the required minimum terms and conditions, and whether it was fair and reasonable. The court also had to consider whether the agreement provided for the fair and efficient operation of the enterprise and whether it was in the best interests of the employees.

The court found that the enterprise agreement was a genuine agreement that had been negotiated in good faith and contained the required minimum terms and conditions. The court considered the evidence provided by the applicant and the submissions made by the parties. The court was satisfied that the agreement was fair and reasonable and provided for the fair and efficient operation of the enterprise. The court also found that the agreement was in the best interests of the employees, as it provided for fair and reasonable terms and conditions of employment.

The court approved the Mercury Walch Pty Ltd - Staff Enterprise Agreement 2021 and made an order accordingly. The court found that the enterprise agreement was a genuine agreement that met the requirements of the Fair Work Act 2009 (Cth) and was in the best interests of the employees. The court considered the evidence and submissions made by the parties and was satisfied that the agreement provided for fair and reasonable terms and conditions of employment.

Mercury Walch as The Trustee for the Mercury Walch Trust T/A Mercury Walch Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established