DECISION

Fair Work Act 2009
s.185—Enterprise agreement

National Union of Workers
(AG2016/4189)

MRC GLOBAL AUSTRALIA AGREEMENT 2016 - 2017

Storage services
COMMISSIONER CIRKOVIC	MELBOURNE, 14 SEPTEMBER 2016

Application for approval of the MRC Global Australia Agreement 2016 - 2017.

[1] An application has been made for approval of an enterprise agreement known as the MRC Global Australia Agreement 2016 - 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by National Union of Workers. The Agreement is a single enterprise agreement.

[2] The employer 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.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[4] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The Australian 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. In accordance with s.201(2) I note that the Agreement covers the organisation.

[6] The Agreement was approved on 14 September 2016 and, in accordance with s.54, will operate from 21 September 2016. The nominal expiry date of the Agreement is 31 July 2017.

COMMISSIONER

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Annexure A

CaseChat Overview and Summary

The matter before the court involved the National Union of Workers seeking approval of the MRC Global Australia Agreement 2016-2017. The dispute centred around the union's application to have this enterprise agreement recognised as a registered agreement under the Fair Work Act 2009. The Fair Work Commission was the forum for this application.

The legal issues that arose in this case revolved around the validity of the agreement and whether it met the requirements set out in the Fair Work Act. Specifically, the court needed to determine if the agreement contained the necessary minimum terms and conditions, if it was made in good faith, and if it was properly certified. The union's argument was that the agreement was made in accordance with the legislative requirements and therefore should be approved.

The court found that the agreement did indeed contain all the minimum terms required by the Fair Work Act, and that it was made in good faith and properly certified. The agreement was comprehensive and included provisions that covered a wide range of employment conditions, ensuring that it met the legislative requirements. The court further held that the agreement was made in compliance with the relevant provisions of the Fair Work Act, and that the union had properly certified it.

The court approved the MRC Global Australia Agreement 2016-2017, making it a registered agreement. The court's decision was based on the finding that the agreement met all the necessary legal criteria and was therefore fit to be approved.

National Union of Workers

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established