Ian Grambower T/A Metroll Building Products Summary

[2020] FWC 5036

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—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.

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.

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.

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.

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.
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.

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 case involved Ian Grambower trading as Metroll Building Products and the Fair Work Commission. The dispute was an application for the approval of the Metroll Building Products Brisbane (Manufacturing) Agreement 2020. The Fair Work Commission had the authority to determine whether the agreement complied with the necessary legal standards and could be registered.

The primary legal issue before the Commission was whether the agreement was made in the course of the negotiation of a workplace dispute, which could affect its validity. Additionally, the Commission needed to assess if the agreement complied with the relevant provisions of the Fair Work Act 2009 and the Fair Work Regulations 2009.

The Fair Work Commission found that the agreement was not made in the course of the negotiation of a workplace dispute, thus not rendering it invalid. The Commission further determined that the agreement complied with the necessary legal standards and was in the best interest of the employees. The Commission approved the agreement and ordered its registration, effective from the date of the decision. The employer and the employees were directed to give effect to the terms of the agreement in accordance with the decision.

Ian Grambower T/A Metroll Building Products

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established