DECISION

Fair Work Act 2009
s.185—Enterprise agreement

National Union of Workers
(AG2015/6192)

MCPHEE DISTRIBUTION SERVICES ENTERPRISE AGREEMENT 2015

Storage services
COMMISSIONER GREGORY	MELBOURNE, 2 DECEMBER 2015

Application for approval of the McPhee Distribution Services Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the McPhee Distribution Services Enterprise Agreement 2015 (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 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.

[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.

[4] The application was not lodged within 14 days after the agreement was made. Pursuant to s.185(3)(b), in all the circumstances I consider it fair to extend the time for making the application to the date it was actually made.

[5] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

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

[7] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 9 December 2015. The nominal expiry date of the Agreement is 1 January 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The National Union of Workers applied to the Fair Work Commission for the approval of the McPhee Distribution Services Enterprise Agreement 2015. McPhee Distribution Services is a significant player in the logistics and distribution sector in Australia, employing numerous workers covered by this agreement. The crux of the application was whether the agreement complied with the Fair Work Act 2009 and other relevant industrial laws. The Commission was required to determine if the agreement met the necessary standards for fair and equitable treatment of employees, including provisions on wages, conditions of employment, dispute resolution, and other employment-related matters.

The legal issues before the Commission revolved around the compliance of the agreement with the Fair Work Act. Specifically, the Commission had to assess if the agreement provided for the proper minimum entitlements, included appropriate mechanisms for dispute resolution, and adhered to the procedural requirements for enterprise agreements under the Act. Another key issue was whether the agreement was made in good faith and whether it provided for proper protections for employees, particularly those in lower-paid positions. The Commission also needed to ensure that the agreement did not unfairly discriminate against any class of employees.

In its decision, the Fair Work Commission carefully examined the contents of the agreement against the statutory requirements. The Commission found that the agreement adequately addressed the minimum entitlements for employees, provided for a fair and efficient dispute resolution process, and was made in good faith. The Commission was satisfied that the agreement did not unfairly discriminate against any group of employees and provided sufficient protections. After considering all the evidence and arguments presented, the Commission approved the McPhee Distribution Services Enterprise Agreement 2015, noting its compliance with the relevant industrial laws. This approval ensures that the agreement will be legally binding and enforceable between the employer and the employees.

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