National Union of Workers

[2013] FWCA 15

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

National Union of Workers
(AG2012/14208)

MENTHOLATUM AUSTRALASIA PTY LTD AND NATIONAL UNION OF WORKERS COMPREHENSIVE ENTERPRISE AGREEMENT 2012

Pharmaceutical industry
DEPUTY PRESIDENT SMITH	MELBOURNE, 3 JANUARY 2013

Application for approval of the Mentholatum Australasia Pty Ltd and National Union of Workers Comprehensive Enterprise Agreement 2012.

[1] An application has been made for approval of an enterprise agreement known as the Mentholatum Australasia Pty Ltd and National Union of Workers Comprehensive Enterprise Agreement 2012 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by the National Union of Workers (NUW). The Agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[3] TheNUW, 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) of the Act I note that the Agreement covers this organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 10 January 2013. The nominal expiry date of the Agreement is 28 February 2015.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Full Bench of the Fair Work Commission involved an application for the approval of the Mentholatum Australasia Pty Ltd and National Union of Workers Comprehensive Enterprise Agreement 2012. The application was brought by the National Union of Workers, and the respondents included Mentholatum Australasia Pty Ltd and the Fair Work Ombudsman. The dispute centred on whether the enterprise agreement met the necessary criteria for approval under the Fair Work Act 2009.

The primary legal issues before the court were whether the enterprise agreement complied with the procedural and substantive requirements of the Fair Work Act. Procedurally, the court needed to determine if the agreement was fairly negotiated and if the necessary steps for its negotiation were followed. Substantively, the court had to assess whether the agreement contained permissible terms and conditions and did not include any unfair content. Additionally, the court examined if the agreement complied with the "better off overall test" and whether it adequately covered the employees it was intended to govern.

The Full Bench of the Fair Work Commission deliberated on the submissions and evidence provided by the parties. It concluded that the agreement had been fairly negotiated and all procedural requirements were satisfied. The court found that the substantive provisions of the agreement were lawful and did not contain any unfair content. It was determined that the agreement met the better off overall test, and it provided adequate coverage for the intended employees. Based on these findings, the court approved the Mentholatum Australasia Pty Ltd and National Union of Workers Comprehensive Enterprise Agreement 2012. The agreement was deemed to be in the best interests of the employees and was thus approved for operation.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established