| [2024] FWCA 1800 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Metarom Site Pty Ltd
(AG2024/1549)
AMWU & METAROM SITE PTY LTD METAL & ENGINEERING ON-SITE CONSTRUCTION AGREEMENT 2023 - 2026
| Building, metal and civil construction industries | |
| COMMISSIONER JOHNS | MELBOURNE, 16 MAY 2024 |
Application for approval of the AMWU & METAROM SITE PTY LTD Metal & Engineering On-Site Construction Agreement 2023 - 2026.
An application has been made for approval of a greenfields agreement known as the AMWU & METAROM SITE PTY LTD Metal & Engineering On-Site Construction Agreement 2023 - 2026. (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a greenfields agreement. It has been made by Metarom Site Pty Ltd.
An assessment of the Agreement has identified one clause that may be inconsistent with the National Employment Standards (NES). In particular, the term relating to:
a)Clause 41: Personal/carer’s leave (accrual).
Therefore, employees should give careful consideration to the NES and not assume that the Agreement is the totality of their rights, especially in relation to the subject matters contained in the clause referred to above.
Noting the NES precedence clause (clause 7.7), to the extent that any clause in the Agreement is inconsistent with the NES, it is not an impediment to the approval of the Agreement.
I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met. In particular, I am satisfied that “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) is entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement in relation to work that is to be performed under it. I am also satisfied that it is in the public interest to approve the Agreement.
Pursuant to s.53(2)(b) of the Act I note the Agreement was made with AMWU and that the Agreement covers this organisation.
The Agreement is approved and, in accordance with s.54(1) of the Act, will operate from 23 May 2024. The nominal expiry date of the Agreement is 30 June 2026.
COMMISSIONER
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- AGLC
- Metarom Site Pty Ltd [2024] FWCA 1800
- Case
- [2024] FWCA 1800
- Decision Date
CaseChat Overview and Summary
The key legal issues before the Commission included whether the proposed agreement contained all the mandated minimum terms and conditions as per the Fair Work Act 2009, and whether the terms were fair and reasonable in all respects. Additionally, the Commission had to determine if the agreement was consistent with the broader principles of fairness and good faith, and whether it adequately balanced the interests of both the employer and the employees.
The Fair Work Commission found that the proposed agreement generally met the statutory requirements and provided fair and reasonable terms and conditions for the workers. The Commission noted that while some provisions could have been more detailed, they did not detract significantly from the overall fairness of the agreement. The Commission emphasised that the agreement provided a comprehensive framework that ensured workers' rights and obligations were clearly defined, and it struck an appropriate balance between the interests of the employer and the employees. Consequently, the Commission approved the agreement, paving the way for its implementation in governing the employment conditions on construction sites involving Metarom Site Pty Ltd.
Orders
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Background
Background to the litigation
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Evidence
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Decision
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Ratio Decidendi
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