Mercury Walch as The Trustee for the Mercury Walch Trust Trading AS Mercury Walch Pty Ltd

[2025] FWCA 3160

[2025] FWCA 3160

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Mercury Walch as The Trustee for the Mercury Walch Trust Trading AS Mercury Walch Pty Ltd

(AG2025/2457)

MERCURY WALCH PTY LTD - STAFF ENTERPRISE AGREEMENT 2025

Graphic Arts
COMMISSIONER MIRABELLA	MELBOURNE, 25 SEPTEMBER 2025

Application for approval of the Mercury Walch Pty Ltd - Staff Enterprise Agreement 2025

1. An application has been made for the approval of an enterprise agreement known as the Mercury Walch Pty Ltd - Staff Enterprise Agreement 2025. The application was made pursuant to s.185 of the Fair Work Act 2009 (Cth) (the Act). It has been made by Mercury Walch as The Trustee for the Mercury Walch Trust Trading as Mercury Walch Pty Ltd (the Employer). The Agreement is a single enterprise agreement.

1. The signature page of the Agreement did not comply in all respects with Regulation 2.06A of the Fair Work Regulations 2009 (Cth). An amended signature page was subsequently filed. I consider it appropriate in the circumstances to allow an amendment of a document relating to a matter before the FWC and do so pursuant to s.586(a) of the Act.

1. The pre-reform version of the Notice of Employee Representational Rights (NERR) appears to have been provided to the employees. The Employer provided submissions that this matter constituted a minor technical error. I am satisfied having regard to those submissions and the decision of the Full Bench in Huntsman Chemical Company Australia Pty Limited T/A RMAX Rigid Cellular Plastics & Others,[1] that these matters constituted minor technical or procedural errors for the purposes of s.188(5) of the Act, and that the employees covered by the Agreement were not likely to have been disadvantaged by the errors.

1. The Agreement does not contain a flexibility term that meets the requirements of s.203 of the Act. Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work (Model Terms) Determination 2025 is taken to be a term of the Agreement. A copy of the model flexibility term can be found in Annexure B of the Agreement.

1. The Agreement does not contain a delegates’ rights term, as required by s. 205A(1) of the Act. Pursuant to s. 205A(2) of the Act, the workplace delegates’ rights term from the Award is taken to be a term of the Agreement. A copy of the workplace delegates’ rights term can be found in Annexure C.

1. The Employer provided written undertakings to address certain BOOT issues. A copy of the undertakings is attached in Annexure A of the Agreement. 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.

1. 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.

1. 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 AMWU.

1. The Agreement is approved and, in accordance with s.54 of the Act, will operate from 2 October 2025. The nominal expiry date of the Agreement is 30 June 2028.

COMMISSIONER

Annexure A

[1] [2019] FWCFB 318.

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