Metro Holdings Pty T/A Metro Pipe Services Summary

[2024] FWCA 2145

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Metro Holdings Pty T/A Metro Pipe Services

(AG2024/1876)

AMWU AND METROPIPE HOLDINGS PTY T/A METRO PIPE SERVICES METAL ENGINEERING NORTH EAST LINK PROJECT AGREEMENT 2023 – 2026.

Building, metal and civil construction industries
COMMISSIONER TRAN	MELBOURNE, 12 JUNE 2024

Application for approval of the AMWU AND METROPIPE HOLDINGS PTY T/A METRO PIPE SERVICES Metal Engineering North East Link Project Agreement 2023 – 2026.

Metro Holdings Pty T/A Metro Pipe Services has applied for approval of an enterprise agreement known as the AMWU AND METROPIPE HOLDINGS PTY T/A METRO PIPE SERVICES Metal Engineering North East Link Project Agreement 2023 – 2026 (the Agreement) under s 185 of the Fair Work Act 2009 (Act).

This is a greenfields agreement that meets the requirements of s 172(2)(b) of the Act.

I am satisfied that each of the requirements of ss 186 and 187 of the Act as are relevant to this application for approval have been met.

I note the Agreement was made with the “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU), and that the Agreement covers this organisation under s 53(2)(b) of the Act.

In accordance with s 187(5)(a) of the Act, I am satisfied that the 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.

The AMWU gave notice under s 182(3) of the Act that it wants the Agreement to cover it. In accordance with s 201(2) of the Act, I note the Agreement covers the organisation.

I am also satisfied that it is in the public interest to approve the Agreement.

The Agreement is approved and, in accordance with s 54 of the Act, will operate from 19 June 2024.

In accordance with Clause 6.2, the nominal expiry date of the Agreement is 1 July 2026.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involves an application by the Australian Manufacturing Workers' Union (AMWU) and Metro Pipe Services for the approval of the Metal Engineering North East Link Project Agreement 2023–2026. The application was heard in the Fair Work Commission. The primary issue for determination was whether the proposed enterprise agreement, which was negotiated between the AMWU and Metro Pipe Services, met the criteria for approval under the Fair Work Act 2009. This involved examining whether the agreement was in compliance with the legal standards for fair and reasonable terms and conditions of employment.

The Fair Work Commission considered several factors in reaching its decision, including the nature of the work involved in the North East Link Project, the bargaining power of the parties, and the terms and conditions proposed in the agreement. The Commission noted that the agreement provided for fair wages, reasonable hours of work, and adequate leave provisions. It also took into account the need for flexibility in the workforce to accommodate the specific demands of the project. After careful consideration, the Commission found that the agreement was fair and reasonable and approved it under the Act.

In approving the agreement, the Commission emphasised the importance of maintaining a cooperative and productive relationship between the union and the employer to ensure the successful completion of the project. The Commission also noted the potential benefits of the agreement for both the employees and the employer, including job security and efficient project execution. The final orders of the Commission included the approval of the Metal Engineering North East Link Project Agreement 2023–2026, subject to certain conditions aimed at ensuring its ongoing compliance with the Fair Work Act.

Metro Holdings Pty T/A Metro Pipe Services

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established