Metlabs Australia Pty Ltd

[2017] FWCA 4134

[2017] FWCA 4134

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Metlabs Australia Pty Ltd
(AG2017/2467)

METLABS AUSTRALIA PTY LTD ENTERPRISE AGREEMENT 2017

Manufacturing and associated industries
COMMISSIONER JOHNS	SYDNEY, 8 AUGUST 2017

Application for approval of the Metlabs Australia Pty Ltd Enterprise Agreement 2017.

[1] On 26 June 2017 Metlabs Australia Pty Ltd (Applicant) made an application for approval of the Metlabs Australia Pty Ltd Enterprise Agreement 2017 (Agreement). The application was made pursuant to s 185 of the Fair Work Act 2009 (Cth) (Act). The Agreement is a single-enterprise agreement.

[2] The Agreement was lodged within 14 days after it was made.

[3] The Applicant has provided written undertakings. A copy of the undertakings is attached as Annexure A. The Commission is 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. In any case, the employee bargaining representative has signed the undertakings to indicate its support.

[4] Subject to the undertakings referred to above, the Commission is satisfied that each of the requirements of ss 186, 187, 188 and 190, as are relevant to this application for approval, have been met.

[5] 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.

[6] I note that sub-clause 4.2.2 of the Agreement makes provision that the employer may reduce wages to the Award levels during periods of economic uncertainty by giving employees 48 hours’ notice of the change. In my view, the sub-clause may not be a permitted deduction within the meaning of s.324 of the Act and pursuant to s.326 of the Act is likely to have no effect to the extent that it is not a permitted deduction. However, notwithstanding my view on that, it is not a matter to which I am to have regard in terms of whether or not the Agreement should be approved and it does not represent a barrier to the approval of the Agreement.

[7] The Agreement is approved. In accordance with s 54 of the Act the Agreement will operate from 15 August 2017. The nominal expiry date of the Agreement is 8 August 2021.

COMMISSIONER

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Annexure A