DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Mercury Walch Pty Ltd
(AG2016/3390)

MERCURY WALCH PTY LTD - STAFF ENTERPRISE AGREEMENT 2016

Tasmania
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 22 AUGUST 2016

Application for approval of the MERCURY WALCH PTY LTD - STAFF ENTERPRISE AGREEMENT 2016.

[1] An application has been made for approval of an enterprise agreement known as the MERCURY WALCH PTY LTD - STAFF ENTERPRISE AGREEMENT 2016 (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 Pty Ltd. The Agreement is a single enterprise agreement.

[2] The Applicant 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.

[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] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[6] 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.

[7] The Agreement was approved on 22 August 2016 and, in accordance with s.54, will operate from 29 August 2016. The nominal expiry date of the Agreement is 29 August 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case involved Mercury Walch Pty Ltd, which sought approval of the Staff Enterprise Agreement 2016. The application was brought before the Fair Work Commission in Australia, which was tasked with determining whether the agreement met the necessary legislative criteria for approval. The primary dispute centred around whether the agreement complied with the Fair Work Act 2009 and the Fair Work (Registered Organisations) Act 2009, specifically regarding procedural fairness and the absence of any protected industrial action.

The central legal issues revolved around whether the agreement was genuinely a product of free and voluntary bargaining between the employer and employees, and whether the agreement was consistent with the protections afforded under the Fair Work Act. This required the Commission to examine if the process of negotiating and finalising the agreement was fair, transparent, and free from any undue influence or coercion. Additionally, the Commission needed to assess whether the agreement contained all the required minimum terms and conditions as stipulated by the Act.

The Commission found that the agreement was the result of a genuine and voluntary negotiation process. It determined that there was no evidence of coercion or undue influence, and that the process was fair and transparent. The Commission also concluded that the agreement contained all the necessary minimum terms and conditions, thus meeting the requirements under the Act. The Commission approved the Staff Enterprise Agreement 2016, finding it compliant with the legislative standards for procedural fairness and content.

As a result of the Commission's decision, the Staff Enterprise Agreement 2016 was approved and is now legally binding on the parties involved. This ruling ensures that the agreement will govern the terms and conditions of employment for the staff covered by the agreement, subject to the Fair Work Act and the Fair Work (Registered Organisations) Act.

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