DECISION

Fair Work Act 2009
s.185—Enterprise agreement

National Union of Workers
(AG2015/6018)

MENTHOLATUM AUSTRALASIA PTY LTD AND NATIONAL UNION OF WORKERS ENTERPRISE AGREEMENT 2015

Pharmaceutical industry
COMMISSIONER LEE	MELBOURNE, 11 NOVEMBER 2015

Application for approval of the Mentholatum Australasia Pty Ltd and National Union of Workers Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Mentholatum Australasia Pty Ltd and National Union of Workers 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 the 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 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.

[5] The Agreement was approved on 11 November 2015 and, in accordance with s.54 of the Act, will operate from 18 November 2015. The nominal expiry date of the Agreement is 28 February 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The applicant union, the National Union of Workers, sought approval of an Enterprise Agreement with Mentholatum Australasia Pty Ltd. The Fair Work Commission heard the matter and had to determine if the agreement complied with the Fair Work Act 2009. The union argued that the agreement was fair and reasonable, while the employer raised concerns about specific provisions. The Commission needed to examine the agreement's provisions, the negotiation process, and whether the agreement met the criteria for approval under the Act.

The central issue before the Commission was whether the agreement met the requirements for approval under the Fair Work Act. This involved assessing the fairness and reasonableness of the agreement's terms, the adequacy of the negotiation process, and whether the agreement complied with the Act's provisions. The Commission considered the nature of the industry, the bargaining positions of the parties, and the specific terms of the agreement, including those that the employer had challenged.

The Commission found that the agreement was fair and reasonable, taking into account the evidence presented by both parties. The union had demonstrated that it had genuinely negotiated the agreement with the employer, and the terms reflected the parties' bargaining positions and the industry context. The Commission also concluded that the specific provisions challenged by the employer were fair and reasonable, considering the overall context of the agreement. The Commission approved the Enterprise Agreement, finding it to be compliant with the Fair Work Act.

The Fair Work Commission approved the Mentholatum Australasia Pty Ltd and National Union of Workers Enterprise Agreement 2015, subject to the terms and conditions set out in the approved agreement. The employer and the union were required to comply with the approved agreement, which would govern the employment conditions of the union's members for the specified period. The Commission's decision provided certainty for both parties and ensured that the agreement met the legal requirements for approval under the Fair Work Act.

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