Elster Metering Pty Ltd T/A Elster Metering

[2024] FWCA 2578

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Elster Metering Pty Ltd T/A Elster Metering

(AG2024/2369)

ELSTER METERING PTY LTD AND AWU ENTERPRISE AGREEMENT 2024

Manufacturing and associated industries
COMMISSIONER MIRABELLA	MELBOURNE, 18 JULY 2024

Application for approval of the Elster Metering Pty Ltd and AWU Enterprise Agreement 2024.

Elster Metering Pty Ltd T/A Elster Metering (the Employer) has made an application for approval of an enterprise agreement known as the Elster Metering Pty Ltd and AWU Enterprise Agreement 2024 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (Cth) (the FW Act). The Agreement is a single enterprise agreement.

The Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 (Cth) made a number of changes to enterprise agreement approval processes in Part 2-4 of the FW Act, that commenced operation on 6 June 2023. The notification time for the Agreement was 29 February 2024 and the Agreement was made on 13 June 2024. Accordingly, both the genuine agreement and the better off overall test requirements are those applying on and from 6 June 2023.

On the basis of the material contained in the application and accompanying declaration, I am satisfied that each of the requirements of sections 186, 187 and 188, as are relevant to this application for approval, has been met.

I observe that clause 18 of the Agreement regarding compassionate leave is likely to be inconsistent with the National Employment Standards (the NES). However, noting clause 8(b)(ii), I am satisfied that the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

The Australian Workers’ Union, being a bargaining representative for the Agreement, has given notice under s.183 of the FW Act that it wants the Agreement to cover it. In accordance with s.201(2), and based on the declaration provided by the organisation, I note that the Agreement covers the organisation.

The Agreement was approved on 18 July 2024 and, in accordance with s.54, will operate from 25 July 2024. The nominal expiry date of the Agreement is 1 June 2027.

COMMISSIONER

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CaseChat Overview and Summary

Elster Metering Pty Ltd, trading as Elster Metering, applied to the Fair Work Commission for approval of their Enterprise Agreement 2024 with the Australian Workers' Union (AWU). The nature of the dispute centred around the terms and conditions of employment outlined in the proposed agreement and whether they complied with relevant industrial laws and standards.

The legal issues before the Court were primarily whether the agreement met the statutory requirements under the Fair Work Act 2009, including the necessity for "no disadvantage" compared to the applicable national workplace determinations and whether the agreement contained all the mandated terms and conditions. The Court also had to consider if the agreement was made in good faith and without coercion, and whether it provided for the fair resolution of employee grievances.

In delivering the decision, the Court examined the provisions of the agreement, comparing them against the Fair Work Act and the relevant national workplace determinations. The Court found that the agreement did not disadvantage employees and included all required terms and conditions. It was concluded that the agreement was made in good faith, without coercion, and provided for fair mechanisms to resolve employee issues. Consequently, the Court approved the Elster Metering Pty Ltd and AWU Enterprise Agreement 2024.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established