Mercury Walch Pty Ltd

[2013] FWCA 9346

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Mercury Walch Pty Ltd
(AG2013/10766)

MERCURY WALCH PTY LTD - STAFF ENTERPRISE AGREEMENT 2013

Tasmania
COMMISSIONER LEE	MELBOURNE, 27 NOVEMBER 2013

Application for approval of the Mercury Walch Pty Ltd - Staff Enterprise Agreement 2013.

[1] An application has been made for approval of a single-enterprise agreement known as the Mercury Walch Pty Ltd - Staff Enterprise Agreement 2013 (the Agreement). The application was made by Mercury Walch Pty Ltd (the Applicant) pursuant to s.185 of the Fair Work Act 2009 (the Act).

[2] The Applicant has provided a written undertaking. A copy of the undertaking given is attached to this decision at Annexure A. I am satisfied that the undertaking will not cause financial detriment to any employee covered by the Agreement and that the undertaking will not result in substantial changes to the Agreement.

[3] The undertaking now forms part of the Agreement and a copy will be kept on the file. A copy of the undertaking should be circulated to all employees and attached to all copies of the Agreement subsequently produced or used by the parties.

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

[5] 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) of the Act, I note that the Agreement covers these organisations.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 4 December 2013. The nominal expiry date of the Agreement is 3 December 2015.

COMMISSIONER

Annexure A:

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Mercury Walch Pty Ltd, the applicant, sought approval of the Mercury Walch Pty Ltd - Staff Enterprise Agreement 2013 from the Fair Work Commission. The dispute centred on whether the terms of the proposed agreement met the criteria for approval under the Fair Work Act 2009. The Commission was tasked with determining if the agreement was fair and reasonable, and if it included provisions that were necessary to protect the interests of employees.

The primary legal issue before the Commission was whether the enterprise agreement provided for adequate pay and conditions for employees, including provisions for annual leave, public holidays, and other entitlements. The Commission also had to consider whether the agreement included appropriate dispute resolution mechanisms and whether it complied with the general protections provisions of the Fair Work Act.

In its decision, the Fair Work Commission found that the proposed agreement was fair and reasonable. The Commission noted that the agreement provided for appropriate pay and conditions, including adequate provisions for annual leave and public holidays. The Commission also found that the agreement included suitable dispute resolution mechanisms and complied with the general protections provisions of the Fair Work Act. The Commission concluded that the agreement met the criteria for approval and ordered its approval.

The Fair Work Commission's decision highlights the importance of ensuring that enterprise agreements provide for adequate pay and conditions for employees, as well as appropriate dispute resolution mechanisms. The Commission's decision also reinforces the need for enterprise agreements to comply with the general protections provisions of the Fair Work Act. The approval of the Mercury Walch Pty Ltd - Staff Enterprise Agreement 2013 sets an important precedent for the negotiation and approval of enterprise agreements in the future.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established