DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Metonic Civil Pty Ltd
(AG2020/2975)

METONIC CIVIL PTY LTD AND EMPLOYEES ENTERPRISE AGREEMENT 2020-2024

Building, metal and civil construction industries
COMMISSIONER JOHNS	SYDNEY, 6 NOVEMBER 2020

Application for approval of the Metonic Civil Pty Ltd and Employees Enterprise Agreement 2020-2024.

[1] An application has been made for approval of an enterprise agreement known as the Metonic Civil Pty Ltd and Employees Enterprise Agreement 2020-2024 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Metonic Civil Pty Ltd. The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. 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. The undertakings are taken to be a term of the agreement.

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

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 13 November 2020. The nominal expiry date of the Agreement is 5 November 2024.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Metonic Civil Pty Ltd applied to the Fair Work Commission for approval of the Metonic Civil Pty Ltd and Employees Enterprise Agreement 2020-2024. The respondent, representing the employees, did not oppose the application but raised concerns about certain provisions within the agreement. The Commission was required to determine whether the agreement met the statutory requirements for approval under the Fair Work Act 2009. Key issues included whether the agreement provided for appropriate minimum rates of pay, conditions, and entitlements, and whether it complied with procedural requirements such as proper consultation and the provision of relevant information to employees.

The Commission noted that the application was made in accordance with the statutory provisions, and the agreement contained standard clauses regarding minimum rates of pay, leave entitlements, and other employment conditions. The respondent did not provide any evidence to suggest that the agreement did not meet the statutory requirements. The Commission examined the agreement's provisions and found that it complied with the relevant legislative standards. The Commission also confirmed that the proper consultation process had been followed, and employees had been provided with adequate information to make an informed decision about the agreement.

In light of the above, the Commission approved the Metonic Civil Pty Ltd and Employees Enterprise Agreement 2020-2024, finding it to be in compliance with the statutory requirements for approval. The agreement was deemed to provide fair and reasonable terms and conditions for the employees, and the Commission was satisfied that the proper procedural steps had been followed in its negotiation and presentation. The Commission's decision was made in accordance with the relevant legislation, and the application for approval was granted.

Metonic Civil Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established