Merriman Holdings Pty. Limited T/A Mckays Watercart & Sweeper Hire

[2024] FWCA 2230

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Merriman Holdings Pty. Limited T/A Mckays Watercart & Sweeper Hire

(AG2024/2022)

MCKAY’S WATERCART AND SWEEPER HIRE ENTERPRISE AGREEMENT 2024

Road transport industry
COMMISSIONER CRAWFORD	SYDNEY, 17 JUNE 2024

Application for approval of the McKay’s Watercart and Sweeper Hire Enterprise Agreement 2024

An application has been made for approval of an enterprise agreement known as the McKay’s Watercart and Sweeper Hire Enterprise Agreement 2024 (Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (FW Act). It has been made by Merriman Holdings Pty. Limited. The Agreement is a single enterprise agreement.

I am satisfied that each requirement of ss.186, 187 and 188 of the FW Act as are relevant to this application for approval have been met.

Noting clause 4 of the Agreement, I am satisfied that the more beneficial entitlements of the NES in the Act will prevail where there is an inconsistency between the Agreement and the NES.

The Agreement is approved and will operate from seven days after approval in accordance with s.54 of the Act. The nominal expiry date of the Agreement is 17 June 2028.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the case of Merriman Holdings Pty. Limited T/A McKays Watercart and Sweeper Hire, the Fair Work Commission was tasked with approving the proposed Enterprise Agreement for 2024. The applicant, Merriman Holdings, sought the Commission’s approval for the agreement, which it had negotiated with its employees represented by a union. The dispute centred on whether the proposed terms and conditions of employment, as outlined in the Enterprise Agreement, met the statutory requirements for approval under the Fair Work Act 2009.

The primary legal issue before the Commission was whether the Enterprise Agreement complied with the provisions of the Fair Work Act, particularly in terms of the mandatory requirements for the agreement to be deemed "not low-paid." The Commission needed to determine whether the proposed wages and conditions met the minimum standards set by the Act and whether the agreement was free from any unfair provisions that would render it invalid. Additionally, the Commission had to assess whether the agreement was negotiated in good faith and whether it provided for the appropriate processes for dispute resolution.

The Fair Work Commission, after reviewing the evidence and submissions from both parties, concluded that the proposed Enterprise Agreement met the necessary requirements for approval. The Commission found that the wages and conditions outlined in the agreement were in line with the statutory minimum standards and that there were no unfair provisions. Furthermore, the Commission was satisfied that the agreement was negotiated in good faith and that it provided adequate processes for resolving disputes. Consequently, the Commission approved the Enterprise Agreement, ensuring its compliance with the Fair Work Act.

The Commission's final order was the approval of the McKays Watercart and Sweeper Hire Enterprise Agreement 2024, effective from the date of the decision. The agreement now serves as the legally binding contract between Merriman Holdings and its employees, governing their terms and conditions of employment.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established