DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Mountain H2O Pty Ltd
(AG2015/1296)

MOUNTAIN H2O ALBURY ENTERPRISE AGREEMENT 2015

Food, beverages and tobacco manufacturing industry
DEPUTY PRESIDENT LAWRENCE	SYDNEY, 15 JUNE 2015

Application for approval of the Mountain H2O Albury Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Mountain H2O Albury Enterprise Agreement 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss186, 187 and 188 as are relevant to this application for approval have been met.

[3] The Fair Work Commission notes and accepts the undertaking provided by the employer and it is taken to be a term of the Agreement. A copy of the undertaking is attached to this decision as Annexure A.

[4] The National Union of Workers, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. As required by s.201(2) I note that the Agreement covers the organisation.

[5] The Agreement is approved. In accordance with s.54(1) it will operate from 23 June 2015. The nominal expiry date of the Agreement is 30 May 2017.

DEPUTY PRESIDENT

Annexure A

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Mountain H2O Pty Ltd applied to the Fair Work Commission for approval of the Mountain H2O Albury Enterprise Agreement 2015. Mountain H2O Pty Ltd operates water bottling facilities across Australia and the dispute concerned the terms and conditions of employment of their employees in Albury. The Commission was required to determine whether the agreement met the legal requirements for approval under the Fair Work Act 2009.

The central legal issue was whether the agreement provided for the mandatory minimum entitlements set out in the Act. This included minimum rates of pay, maximum weekly hours, and other provisions such as parental leave and dispute resolution. Additionally, the Commission considered whether the agreement had been genuinely negotiated and whether it was in the best interests of the employees.

The Commission found that the agreement did meet the statutory requirements and was genuinely negotiated. The agreement provided for the mandatory minimum entitlements and included provisions for dispute resolution and parental leave. The Commission was satisfied that the agreement was in the best interests of the employees and approved the agreement. The employer's argument that the agreement was not in the best interests of the employees was rejected.

The Fair Work Commission approved the Mountain H2O Albury Enterprise Agreement 2015. The employer was required to give written notice of the approval to all affected employees and to ensure that the agreement was implemented. The agreement was to be registered with the Commission and would be in effect for a period of five years from the date of approval.

Mountain H2O 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