DECISION

Fair Work Act 2009
s.185—Enterprise agreement

National Union of Workers
(AG2019/2644)

MERCHANT AUSTRALIA AND NATIONAL UNION OF WORKERS ENTERPRISE AGREEMENT 2018-2020

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COMMISSIONER BISSETT	MELBOURNE, 3 SEPTEMBER 2019

Application for approval of the Merchant Australia and National Union of Workers Enterprise Agreement 2018-2020.

[1] An application has been made for approval of an enterprise agreement known as the Merchant Australia and National Union of Workers Enterprise Agreement 2018-2020 (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] Pursuant to subsection 190(3) of the Act, I accept the Undertakings. The undertakings are taken to be a term of the agreement.

[4] Subject to the Undertakings, 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.

[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 10 September 2019. The nominal expiry date of the Agreement is 30 June 2020.

COMMISSIONER

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Annexure A

CaseChat Overview and Summary

The case involved an application by the National Union of Workers to have the Enterprise Agreement 2018-2020, made between Merchant Australia and the union, approved by the Fair Work Commission. The application was heard and determined by the Fair Work Commission. The primary dispute centred on whether the agreement met the legal criteria for approval under the Fair Work Act 2009, including provisions regarding minimum entitlements, the bargaining process, and the content of the agreement itself.

The court needed to ascertain whether the agreement adhered to the statutory requirements set out in the Fair Work Act, particularly focusing on whether it provided for minimum terms and conditions and was made in good faith. The legal issues also included whether the union had genuinely represented the employees and whether the agreement contained terms that were not contrary to public policy or that could undermine the safety and welfare of employees.

In its decision, the Fair Work Commission found that the Enterprise Agreement 2018-2020 met the statutory requirements for approval. The Commission was satisfied that the agreement provided for minimum terms and conditions and was made in good faith. The Commission also found that the union had genuinely represented the employees and that the agreement did not contain any terms that were contrary to public policy or detrimental to the safety and welfare of employees. Based on these findings, the Commission approved the agreement.

The Fair Work Commission ordered that the Enterprise Agreement 2018-2020 be approved and registered with the Fair Work Commission. The agreement was to be in effect from the date of registration and would govern the terms and conditions of employment for the employees covered by the agreement. The decision of the Commission was final and binding on all parties involved.

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