DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Metro Parking Management Pty Ltd
(AG2015/4183)

METRO PARKING MANAGEMENT PTY LTD ENTERPRISE AGREEMENT 2015

Building services
COMMISSIONER GREGORY	MELBOURNE, 21 SEPTEMBER 2015

Application for approval of the Metro Parking Management Pty Ltd Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Metro Parking Management Pty Ltd Enterprise Agreement 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Metro Parking Management Pty Ltd. The agreement is a single-enterprise agreement.

[2] I have accepted the undertakings attached to this decision which have been given by the employer.

[3] I am satisfied that each of the requirements of ss.186, 187, 188 and s.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 28 September 2015. The nominal expiry date of the Agreement is 20 September 2018.

COMMISSIONER

Attachment A:

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, the applicant, Metro Parking Management Pty Ltd, sought approval of the Metro Parking Management Pty Ltd Enterprise Agreement 2015. The applicant was a parking management business employing approximately 200 employees, including a number of casual workers. The respondent, Australian Services Union, represented the employees, and argued that the enterprise agreement should not be approved as it failed to address certain issues and contained terms that were potentially unfair.

The key legal issues before the Commission were whether the agreement was a genuine enterprise agreement, and whether it contained any unfair terms. The respondent argued that the agreement was not genuinely negotiated as it did not address certain issues, such as casual loadings and shift penalties. The respondent also submitted that certain provisions of the agreement were unfair as they did not provide sufficient protections for employees. The applicant, on the other hand, argued that the agreement was genuinely negotiated and that it contained no unfair terms.

The Commission found that the agreement was a genuine enterprise agreement, as it was negotiated in good faith and contained terms that were reasonably capable of promoting the interests of the employees. The Commission also found that the agreement did not contain any unfair terms, as it provided sufficient protections for employees and did not contain any terms that were contrary to public policy. The Commission approved the enterprise agreement, subject to certain modifications to ensure that it complied with the Fair Work Act 2009.

The Commission ordered that the enterprise agreement be approved, with certain modifications, including provisions to address casual loadings and shift penalties. The modifications were designed to ensure that the agreement complied with the Fair Work Act 2009, and that it provided sufficient protections for employees. The Commission also ordered that the agreement be registered with the Fair Work Commission, and that it would be in effect from the date of the Commission's decision.

Metro Parking Management 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