Metric Power and Data Pty Ltd T/A Metric Power and Data Pty Ltd

[2022] FWCA 1499

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Metric Power and Data Pty Ltd T/A Metric Power and Data Pty Ltd

(AG2022/1259)

Metric Power and Data Pty Ltd EnterpriseAgreement 2022 - 2026

Electrical contracting industry
COMMISSIONER MIRABELLA	MELBOURNE, 4 MAY 2022

Application for approval of the Metric Power and Data Pty Ltd Enterprise Agreement 2022 – 2026.

Metric Power and Data Pty Ltd T/A Metric Power and Data Pty Ltd (the Employer) has made an application for approval of an enterprise agreement known as the Metric Power and Data Pty Ltd Enterprise Agreement 2022 – 2026 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

On the basis of the material contained in the application and accompanying declaration, I am satisfied that each of the requirements of sections 186, 187 and 188, as are relevant to this application for approval, have been met.

The Agreement was approved on 4 May 2022 and, in accordance with s.54, will operate from 11 May 2022. The nominal expiry date of the Agreement is 4 May 2026.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the recent case before the Fair Work Commission, Metric Power and Data Pty Ltd T/A Metric Power and Data Pty Ltd applied for the approval of the Metric Power and Data Pty Ltd Enterprise Agreement 2022 – 2026. The application was brought under the Fair Work Act 2009, where the company sought to finalise its enterprise agreement terms for the next four years. The dispute involved the proposed terms and conditions of employment, remuneration, and other related workplace matters.

The central legal issues the Commission was required to address were whether the proposed agreement complied with the requirements of the Fair Work Act, particularly in terms of the procedural fairness and substantive fairness of the agreement. The Commission had to determine if the agreement was made in good faith, free from any coercion, and if it provided for fair and reasonable terms and conditions of employment. Additionally, the Commission examined if the agreement met the criteria for being a single, indivisible, and complete agreement as required by the Act.

The Fair Work Commission, after careful consideration of the submissions and evidence presented by both parties, determined that the proposed agreement was in compliance with the statutory requirements. The Commission found that the agreement was made in good faith, without any coercion, and contained terms and conditions that were fair and reasonable. The procedural fairness was upheld as the process involved extensive consultation and negotiation between the parties. The substantive fairness was also confirmed as the agreement addressed various aspects of employment in a balanced manner, meeting the needs of both the employer and the employees.

The Commission approved the Metric Power and Data Pty Ltd Enterprise Agreement 2022 – 2026, with the terms to be binding on both the company and its employees. The final orders included the registration of the agreement, effective from the date of the decision, ensuring that the agreed terms would govern the employment conditions for the specified period.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established