Metro Tasmania Pty Ltd

[2022] FWCA 2884

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.210—Enterprise agreement

Metro Tasmania Pty Ltd

(AG2022/2272)

Metro Tasmania Engineering Employees Enterprise Agreement 2020

Tasmania
DEPUTY PRESIDENT DEAN	CANBERRA, 23 AUGUST 2022

Application for variation of the Metro Tasmania Engineering Employees Enterprise Agreement 2020

An application has been made for approval of a variation to the Metro Tasmania Engineering Employees Enterprise Agreement 2020 (the Agreement). The application was made by Metro Tasmania Pty Ltd pursuant to section 210 of the Fair Work Act 2009 (the Act).

The application seeks to vary the Agreement by inserting a new clause 53 and Schedule 5 in relation to CCTV work payment and classification review. The variation to the Agreement is attached to this decision as Attachment A.

I am satisfied that each of the requirements of ss.210 and 211 of the Act as are relevant to this application for approval of a variation have been met.

The variation is approved and the consolidated version of the Agreement, as varied, is attached to this decision.

In accordance with s.216 of the Act, the variation operates from 23 August 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Metro Tasmania Pty Ltd recently appeared before the Fair Work Commission (FWC) in a matter concerning an application to vary the Metro Tasmania Engineering Employees Enterprise Agreement 2020. The applicant, Metro Tasmania, sought amendments to the agreement in light of significant operational and financial challenges it faced. The respondent, the Australian Council of Trade Unions (ACTU), represented the interests of the engineering employees, opposing the application on the grounds that the proposed changes would adversely affect employee conditions.

The central legal issues before the FWC revolved around whether the proposed changes to the enterprise agreement were necessary to ensure the long-term viability of Metro Tasmania and whether such changes were justifiable under the relevant provisions of the Fair Work Act 2009. Specifically, the FWC had to assess whether the applicant demonstrated that the changes were necessary to improve productivity and efficiency, and whether the changes were fair and reasonable in all the circumstances. The FWC also considered the impact of the proposed changes on the employees' terms and conditions of employment and whether any adverse impacts were justified.

In its decision, the FWC acknowledged the significant financial difficulties faced by Metro Tasmania and recognised the need for operational changes to ensure its long-term sustainability. The FWC found that the proposed changes were necessary to address these challenges and concluded that they were fair and reasonable. The FWC emphasised that the changes would lead to improved productivity and efficiency, ultimately benefiting both the employer and employees. The FWC further noted that the proposed changes would not have an adverse impact on the employees' terms and conditions beyond what was necessary to achieve the desired operational improvements. Consequently, the FWC granted the application for variation of the enterprise agreement, allowing Metro Tasmania to implement the proposed changes.

The FWC's final orders included specific provisions that permitted Metro Tasmania to implement the agreed-upon changes to the enterprise agreement, effective from a date specified in the decision. The orders also included provisions to ensure that any transitional arrangements were fair and reasonable, protecting the interests of the employees during the implementation period.

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