DECISION

Fair Work Act 2009
s.185—Enterprise agreement

National Union of Workers
(AG2018/5586)

MRC GLOBAL AUSTRALIA AGREEMENT 2018-2019

Storage services
COMMISSIONER GREGORY	MELBOURNE, 1 FEBRUARY 2019

Application for approval of the MRC Global Australia Agreement 2018-2019.

[1] An application has been made for approval of an enterprise agreement known as the MRC Global Australia Agreement 2018-2019 (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] 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] 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] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] 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.

[6] I observe that the following provisions are likely to be inconsistent with the National Employment Standards (NES):

• Clause 13.1.5 – Termination of Employment

• Clause 27 – Annual Leave

• Clause 28.1.5 – Personal Leave

However, noting clause 6.3 of the Agreement and the undertaking provided, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[7] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 8 February 2018. The nominal expiry date of the Agreement is 31 July 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 (FWC) for the approval of the MRC Global Australia Agreement 2018-2019. The agreement, which was to be made under section 186 of the Fair Work Act 2009, aimed to establish the terms and conditions of employment for employees of MRC Global Australia. The union argued that the agreement met the criteria for approval, including that it provided for fair and efficient workplace relations and facilitated the achievement of productive and sustainable workplace relations.

The legal issues before the FWC involved whether the agreement complied with the statutory requirements for approval, particularly under section 186 of the Fair Work Act. The FWC had to determine if the agreement was likely to facilitate the achievement of productive and sustainable workplace relations, whether it provided for fair and efficient workplace relations, and if it met the other criteria set out in the Act. Additionally, the FWC needed to consider any submissions from relevant parties, including any objections to the agreement.

The FWC found that the MRC Global Australia Agreement 2018-2019 met the criteria for approval. The agreement provided for fair and efficient workplace relations and was likely to facilitate the achievement of productive and sustainable workplace relations. The FWC took into account the submissions from the union and other relevant parties, and concluded that the agreement was in the best interests of the employees covered by it. The FWC approved the agreement, finding that it met the requirements of section 186 of the Fair Work Act.

The FWC approved the MRC Global Australia Agreement 2018-2019 under section 186 of the Fair Work Act 2009. The decision was made on the basis that the agreement was likely to facilitate the achievement of productive and sustainable workplace relations and provided for fair and efficient workplace relations. The FWC considered the submissions from the union and other relevant parties, and concluded that the agreement was in the best interests of the employees covered by it. The agreement was approved and will now form the terms and conditions of employment for the employees of MRC Global Australia.

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