Metro Tasmania Pty Ltd

[2025] FWCA 66

[2025] FWCA 66

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Metro Tasmania Pty Ltd

(AG2024/4960)

METRO TASMANIA ENGINEERING EMPLOYEES ENTERPRISE AGREEMENT 2023

Passenger vehicle transport (non-rail) industry
COMMISSIONER REDFORD	MELBOURNE, 14 JANUARY 2025

Application for approval of the Metro Tasmania Engineering Employees Enterprise Agreement 2023.

1. An application has been made for approval of an enterprise agreement known as the Metro Tasmania Engineering Employees Enterprise Agreement 2023 (the Agreement). The application was made pursuant to s 185 of the Fair Work Act 2009 (the Act). It has been made by Metro Tasmania (Metro). The Agreement is a single enterprise agreement. 

Undertakings 

1. In response to several issues raised with Metro in relation to its application, it has provided written undertakings, a copy of which are 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. Pursuant to s 190(4) of the Act I have sought the views of the bargaining representatives for the Agreement. The undertakings are taken to be a term of the agreement. 

1. The undertakings relate to:   

1. Definition of a shift worker

Interaction with the National Employment Standards

1. Clause 6(b) of the Agreement provides that it shall be read and interpreted in conjunction with the National Employment Standards (NES) provided that where there is any inconsistency between this Agreement and the NES, the more beneficial provision to an employee shall take precedence (NES precedence clause). On this basis, I am satisfied that the apparent inconsistencies with the NES outlined below do not prevent the approval of this agreement:   

1. Clause 35.1(a) and (f) of the Agreement appear to provide for a paid community service leave entitlement (including with respect to part time member / volunteer of the Tasmanian Fire Service or State Emergency Service). The entitlement is to 5 days paid leave. Sections 108 provide for a community service leave entitlement of 10 days, which is not a paid leave entitlement. Section 111 of the Act provides that employees (other than casual employees) on leave due to jury service are entitled to be paid. These provisions may therefore entitle employees to additional unpaid leave (or paid leave in the case of jury service) than is provided for by the Agreement. Given the NES precedence clause, it appears these additional entitlements would apply where relevant, and I am satisfied this apparent inconsistency with the NES does not prevent the approval of this agreement.

Consideration 

1. 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. 

1. The Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union (AMWU) being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the AMWU.

1. The Agreement is approved and, in accordance with s.54 of the Act, will operate 7 days after approval

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

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ANNEXURE A