Merrimu Services Incorporated Summary

[2014] FWCA 6830

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Merrimu Services Incorporated
(AG2014/8963)

MERRIMU SERVICES INC ENTERPRISE AGREEMENT 2014

Social, community, home care and disability services
DEPUTY PRESIDENT HAMILTON	MELBOURNE, 29 SEPTEMBER 2014

Application for approval of the Merrimu Services Inc Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Merrimu Services Inc Enterprise Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Merrimu Services Incorporated. The agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[3] The Agreement is approved and, in accordance with s.54, will operate from 6 October 2014. The nominal expiry date of the Agreement is 30 June 2017

[4] The Australian Education Union 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.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Merrimu Services Incorporated was before the Fair Work Commission, where the company sought approval of the Enterprise Agreement 2014. The applicant, Merrimu Services, argued that the agreement should be approved because it met the requirements of the Fair Work Act 2009 and provided fair terms and conditions for the employees covered by the agreement. The respondents, including various employee representatives, contested the approval on the grounds that the agreement did not adequately address certain issues related to employee rights and conditions.

The legal issues before the Commission included whether the agreement contained all the mandatory terms as required by the Fair Work Act and whether the agreement had been made in accordance with the procedural requirements of the Act. Additionally, the Commission had to consider whether the agreement provided fair and reasonable terms and conditions for the employees, taking into account the principles of procedural fairness and the need for the agreement to be workable and sustainable.

The Commission found that the agreement met all the mandatory term requirements of the Act and had been made in accordance with the procedural requirements. The Commission also considered the arguments presented by the respondents and found that the agreement provided fair and reasonable terms and conditions for the employees. The Commission was satisfied that the agreement was workable and sustainable and that the process leading up to its making was fair and just. Consequently, the Commission approved the Enterprise Agreement 2014.

The final orders included the approval of the Merrimu Services Inc Enterprise Agreement 2014, effective from the date of the decision. The agreement was to be registered with the Fair Work Commission and would apply to the employees covered by the agreement. The Commission also noted that any disputes arising under the agreement would be subject to the dispute resolution procedures outlined in the agreement.

Merrimu Services Incorporated

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established