MRC Global Australia

[2025] FWCA 1403

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

MRC Global Australia

(AG2025/996)

MRC GLOBAL AUSTRALIA ENTERPRISE AGREEMENT 2024

Manufacturing and associated industries
COMMISSIONER LIM	PERTH, 1 MAY 2025

Application for approval of the MRC Global Australia Enterprise Agreement 2024

MRC Global Australia (the Applicant) has made an application for the approval of an enterprise agreement known as the MRC Global Australia Enterprise Agreement 2024 (the Agreement). The application was made under s 185 of the Fair Work Act 2009 (Cth) (the Act). The Agreement is a single enterprise agreement.

The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

In compliance with s 190(4) of the Act, the bargaining representatives’ views regarding the undertakings proffered were sought. They were provided with the opportunity to raise and address any objections they had to the undertakings proffered by the Applicant. No objection was raised.

Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying declarations, 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.

The Agreement was approved on 1 May 2025 and, in accordance with s 54, will operate from 7 May 2025. The nominal expiry date of the Agreement is 31 July 2026.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A:

CaseChat Overview and Summary

In the Fair Work Commission, the case of MRC Global Australia saw the company applying for approval of the 2024 Enterprise Agreement. The Fair Work Commission was required to determine whether the agreement complied with the requirements of the Fair Work Act 2009. The Commission needed to consider whether the agreement provided for fair and reasonable terms and conditions, and whether it adhered to the principles of good faith bargaining. The case involved an examination of the negotiation process, the content of the agreement, and its implications for the employees and the employer.

The legal issues before the Commission were whether the agreement met the statutory criteria for approval, including the requirement that it be in writing, provide for a fair and reasonable terms and conditions, and comply with the Fair Work Act. The Commission also had to consider if the agreement was the product of genuine bargaining between the parties and if it provided for the protection of employees' interests. The Commission had to assess if the agreement was consistent with the principles of fairness and reasonableness, and if it offered an appropriate balance between the interests of the employer and the employees.

The Fair Work Commission found that the MRC Global Australia Enterprise Agreement 2024 met the statutory requirements for approval. The Commission determined that the agreement was the product of genuine bargaining and provided for fair and reasonable terms and conditions. The Commission found that the negotiation process was conducted in good faith, and the agreement reflected a balanced outcome that considered the interests of both the employer and the employees. The Commission approved the agreement, noting its compliance with the principles of fairness and reasonableness and its adherence to the requirements of the Fair Work Act.

The final orders of the Fair Work Commission approved the MRC Global Australia Enterprise Agreement 2024, effective from the date of the decision. The Commission determined that the agreement was fair and reasonable, and met the statutory criteria for approval. The agreement was accepted as binding on all parties involved, and the Commission emphasised the importance of the principles of good faith bargaining and fair terms and conditions in the context of enterprise agreements.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established