DECISION

Fair Work Act 2009
s.185—Enterprise agreement

National Union of Workers
(AG2019/3804)

MCPHEE DISTRIBUTION SERVICES PTY LTD ENTERPRISE AGREEMENT 2019

Storage services
COMMISSIONER LEE	MELBOURNE, 23 OCTOBER 2019

Application for approval of the McPhee Distribution Services Pty Ltd Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the McPhee Distribution Services Pty Ltd Enterprise Agreement 2019 (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] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[3] 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 30 October 2019. The nominal expiry date of the Agreement is 1 January 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved the National Union of Workers seeking approval of the McPhee Distribution Services Pty Ltd Enterprise Agreement 2019. The dispute centred on the terms and conditions set out in the enterprise agreement, with the union arguing that the agreement should be approved as it fairly represented the employees' interests. McPhee Distribution Services Pty Ltd opposed the application, contending that certain provisions of the agreement were unfair and did not adequately reflect the employees' rights and obligations.

The court was tasked with determining whether the enterprise agreement met the legal requirements for approval under the Fair Work Act 2009. Specifically, the court needed to assess whether the agreement provided for fair terms and conditions, did not undermine the minimum standards set by the Act, and whether it had been genuinely negotiated between the employer and the union. The court also had to consider whether the agreement complied with the procedural requirements for approval, including the proper notification and consultation processes.

The court found that the enterprise agreement satisfied the legal criteria for approval. It determined that the agreement provided for fair and reasonable terms and conditions, did not undermine minimum standards, and had been genuinely negotiated. The court also concluded that the procedural requirements for approval had been met, including adequate consultation and notification processes. As a result, the court granted the union's application for approval of the enterprise agreement.

The court ordered that the McPhee Distribution Services Pty Ltd Enterprise Agreement 2019 be approved and registered under the Fair Work Act 2009. This decision confirmed the validity of the agreement and ensured that it would govern the employment terms and conditions of the employees within the scope of the agreement.

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