DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Mevwood Pty Ltd. T/A Peter McMahon’s Swim Factory
(AG2016/4604)

MEVWOOD PTY LTD (ABN:66010927750), (TRADING AS PETER MCMAHON’S SWIM FACTORY), ENTERPRISE AGREEMENT 2016.

Health and welfare services
COMMISSIONER GREGORY	MELBOURNE, 20 SEPTEMBER 2016

Application for approval of the Mevwood Pty Ltd (ABN:66010927750), (Trading as Peter McMahon’s Swim Factory), Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Mevwood Pty Ltd (ABN:66010927750), (Trading as Peter McMahon’s Swim Factory), 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 Mevwood Pty Ltd. T/A Peter McMahon’s Swim Factory. 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 of the Act, will operate from 27 September 2016. The nominal expiry date of the Agreement is 1 July 2020.

COMMISSIONER

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CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application by Mevwood Pty Ltd, trading as Peter McMahon’s Swim Factory, for the approval of their Enterprise Agreement 2016. The company sought to have the agreement registered with the Fair Work Commission to ensure its enforceability. The application was contested by the Retail and Fast Food Workers Union, which raised several concerns about the agreement’s compliance with the relevant labour laws and fairness provisions.

The primary legal issues addressed by the Fair Work Commission were whether the Enterprise Agreement 2016 met the requirements of the Fair Work Act 2009, particularly concerning the procedural fairness in its negotiation and the substantive fairness of its terms. The Commission had to assess whether the agreement was genuinely negotiated, whether it included adequate protections for employees, and if it was consistent with the broader objectives of the Act, including ensuring that employees were not disadvantaged.

In examining these issues, the Commission considered evidence from both parties regarding the negotiation process and the content of the agreement. The Commission found that the agreement was the result of genuine negotiations, and it was satisfied that there were no procedural irregularities. Regarding the substantive fairness, the Commission noted that the agreement provided for fair and reasonable terms and conditions of employment, including provisions for minimum wages, leave entitlements, and dispute resolution mechanisms. The Commission was also satisfied that the agreement did not disadvantage employees and was in line with the objectives of the Fair Work Act.

Accordingly, the Fair Work Commission approved the Enterprise Agreement 2016, registering it with the Commission. This decision ensures that the agreement is legally binding and enforceable between Mevwood Pty Ltd and its employees.

Mevwood Pty Ltd. T/A Peter McMahon’s Swim Factory

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established