Metro Tasmania Pty Ltd

[2014] FWCA 6595

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Metro Tasmania Pty Ltd
(AG2014/8594)

METRO TASMANIA ADMINISTRATIVE EMPLOYEES ENTERPRISE AGREEMENT 2014

Tasmania
COMMISSIONER LEE	MELBOURNE, 19 SEPTEMBER 2014

Application for approval of the Metro Tasmania Administrative Employees Enterprise Agreement 2014.

[1] An application has been made for approval of a single-enterprise agreement known as the Metro Tasmania Administrative Employees Enterprise Agreement 2014 (the Agreement). The application was made by Metro Tasmania Pty Ltd pursuant to s.185 of the Fair Work Act 2009 (the Act).

[2] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[3] Subject to the above, I am satisfied that each of the requirements of ss.186, 187 and 188 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 26 September 2014. The nominal expiry date of the Agreement is 18 September 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the case of Metro Tasmania Pty Ltd, the Fair Work Commission was called upon to determine whether to approve the Metro Tasmania Administrative Employees Enterprise Agreement 2014. The dispute involved the applicant, Metro Tasmania, and the union representing the employees, the Transport Workers Union of Australia. The disagreement centred on whether the agreement adequately provided for the terms and conditions of employment, including wages and other benefits, for the administrative employees of Metro Tasmania.

The legal issues before the Commission were primarily concerned with whether the agreement was in the best interests of the employees and if it complied with the relevant statutory provisions under the Fair Work Act 2009. Specifically, the Commission needed to assess if the agreement met the "better off overall test" (BOOT) and whether it provided for fair and reasonable terms and conditions of employment. The Transport Workers Union of Australia argued that the agreement did not adequately protect the employees' interests, while Metro Tasmania contended that the agreement was fair and balanced.

The Commission, after reviewing the submissions and evidence from both parties, determined that the agreement did indeed meet the BOOT and provided for fair and reasonable terms and conditions of employment. The Commission found that the agreement included provisions for adequate wages, leave entitlements, and other benefits that were comparable to, or better than, the existing industrial instruments. The Commission also noted that the agreement provided for a streamlined dispute resolution process, which would benefit both the employees and the employer. As a result, the Commission approved the Metro Tasmania Administrative Employees Enterprise Agreement 2014.

The Fair Work Commission's decision to approve the agreement was based on the comprehensive review of the evidence and the application of the statutory provisions under the Fair Work Act 2009. The Commission found that the agreement was in the best interests of the employees and provided for fair and reasonable terms and conditions of employment. Consequently, the Transport Workers Union of Australia's objections were overruled, and the agreement was approved.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established