DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Murcury Group Pty Ltd
(AG2015/4298)

MURCURY GROUP / AWU ENTERPRISE AGREEMENT 2015

Quarrying industry
COMMISSIONER ROBERTS	SYDNEY, 28 AUGUST 2015

Application for approval of the Mercury Group / AWU Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Mercury Group / AWU Enterprise Agreement 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Murcury Group Pty Ltd. 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 Australian Workers’ Union 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.

[4] The Agreement is approved and, in accordance with s.54, will operate from 4 September 2015. The nominal expiry date is 8 January 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Mercury Group Pty Ltd applied to the Fair Work Commission for approval of the Mercury Group/AWU Enterprise Agreement 2015. The Australian Workers' Union (AWU) opposed the application, raising concerns about the terms of the agreement and its compliance with the Fair Work Act 2009. The legal issues before the Fair Work Commission involved the interpretation and compliance of the proposed enterprise agreement with statutory requirements. The Commission had to determine whether the agreement met the procedural fairness and substantive fairness requirements under the Act.

The Fair Work Commission examined the provisions of the agreement and the process by which it was negotiated and agreed upon. The Commission considered whether the agreement provided for fair and reasonable terms and conditions of employment, and whether the process leading to its formation was procedurally fair. The AWU argued that certain provisions in the agreement were not fair and reasonable, and that the negotiation process did not adhere to the statutory requirements. After reviewing the evidence and submissions from both parties, the Commission found that the agreement did not meet the statutory requirements for approval.

The Fair Work Commission determined that the agreement did not provide for fair and reasonable terms and conditions of employment, and that the negotiation process was not procedurally fair. The Commission did not approve the enterprise agreement, highlighting specific provisions that failed to meet the statutory standards. As a result, the agreement was not registered, and the parties were directed to negotiate a new agreement that complied with the requirements of the Act. The Commission's decision was based on a detailed analysis of the agreement's terms and the fairness of the negotiation process, ensuring that the statutory obligations were met.

Murcury Group 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