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

[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

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.

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.

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.

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.

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.

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.

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.

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.

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.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Federal Court of Australia, a case was presented involving Mercury Walch, as the trustee for the Mercury Walch Trust trading as Mercury Walch Pty Ltd, and its employees. The matter pertained to the application for the approval of the Mercury Walch Pty Ltd - Staff Enterprise Agreement 2025. The dispute arose as the employees sought to ensure that the terms of the proposed agreement were fair and reasonable, while the employer aimed to maintain operational efficiency and flexibility within the business. The court was tasked with determining whether the proposed agreement met the statutory requirements for approval under the Fair Work Act 2009.

The primary legal issues the court had to address were whether the proposed agreement satisfied the provisions of the Fair Work Act, particularly in terms of the agreement's coverage, the process through which it was negotiated, and whether it provided for a fair and reasonable terms of employment. Specifically, the court examined whether the agreement met the criteria for good faith bargaining and whether it contained all the mandated terms as required by the Act. Additionally, the court considered the impact of the agreement on the employees' rights and the employer's business operations.

The court, in its judgment, found that the proposed agreement met the statutory requirements for approval. It was determined that the agreement was the product of genuine and good faith bargaining, as evidenced by the negotiations between the parties. The court also found that the agreement covered all the necessary mandated terms and provided for fair and reasonable conditions of employment. The court further noted that the agreement would not detrimentally affect the employees' rights or the employer's ability to conduct business effectively. Therefore, the court approved the application for the agreement's registration.

As a result of the court's decision, the Mercury Walch Pty Ltd - Staff Enterprise Agreement 2025 was approved and registered under the Fair Work Act 2009. The agreement now serves as a legally binding contract between the employer and its employees, outlining the terms and conditions of employment for the specified period.

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

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established