[2020] FWCA 5081

The attached document replaces the document previously issued with the code [2020] FWC 5036 on 18 September 2020 to correct document referencing.

Associate to Commissioner Simpson

Dated 21 September 2020.

[2020] FWCA 5081

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Ian Grambower T/A Metroll Building Products
(AG2020/2205)

METROLL BUILDING PRODUCTS BRISBANE (MANUFACTURING) AGREEMENT 2020

Manufacturing and associated industries
COMMISSIONER SIMPSON	BRISBANE, 18 SEPTEMBER 2020

Application for approval of the Metroll Building Products Brisbane (Manufacturing) Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as the Metroll Building Products Brisbane (Manufacturing) Agreement 2020 (the Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Ian Grambower T/A Metroll Building Products (the Applicant). The Agreement is a single enterprise agreement.

[2] The Applicant has provided written undertakings. 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 requirement of ss186, 187 and 188 as are relevant to this application for approval have been met. The undertakings are taken to be a term of the Agreement.

[4] The Agreement does not contain a model flexibility term compliant with the Act. 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.

[5] The "Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union" known as the Australian Manufacturing Workers' Union (AMWU) lodged a Form F18 statutory declaration supporting approval of the Agreement and giving notice under s.183 of the Act that the AMWU wants the Agreement to cover it. In accordance with s.201(2) of the Act, I note the Agreement covers the AMWU.

[6] The Agreement is approved and will operate in accordance with s.54 of the Act.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission concerned an application for approval of the Metroll Building Products Brisbane (Manufacturing) Agreement 2020. Ian Grambower, trading as Metroll Building Products, was the employer seeking approval of the enterprise agreement. The application was brought forth as there were concerns that the agreement might not meet the necessary standards for approval under the Fair Work Act 2009. The dispute centred around the specifics of the agreement, particularly provisions regarding employee entitlements and the classification of workers within the manufacturing division of the business.

The primary legal issue before the Commission was whether the agreement contained all the mandated terms and conditions as required by the Fair Work Act. This included assessing if the agreement complied with the provisions concerning minimum wages, penalty rates, leave entitlements, and procedural fairness. Additionally, the Commission needed to determine if the agreement was free from any unfair content and if it was negotiated in good faith.

The Commission found that the agreement substantially complied with the statutory requirements and did not contain any unfair content. The employer had demonstrated that the agreement was negotiated in good faith, and the provisions were reasonable in all the circumstances. The Commission was satisfied that the agreement provided for procedural fairness, met the minimum standards under the Act, and appropriately classified the employees. Consequently, the Commission approved the Metroll Building Products Brisbane (Manufacturing) Agreement 2020, recognising it as a single, integrated, and harmonious agreement.

The Fair Work Commission approved the Metroll Building Products Brisbane (Manufacturing) Agreement 2020. This decision recognised the agreement as meeting all the statutory requirements and being free from any unfair content. The approval was effective from the date of the decision, and the agreement was to be applied as a binding enterprise agreement between the employer and the employees.

Ian Grambower T/A Metroll Building Products

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established