Metro Tasmania Pty Ltd Summary

[2013] FWCA 9244

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Metro Tasmania Pty Ltd
(AG2013/10869)

METRO TASMANIA ENGINEERING EMPLOYEE ENTERPRISE AGREEMENT 2013

Tasmania
COMMISSIONER LEE	MELBOURNE, 22 NOVEMBER 2013

Application for approval of the Metro Tasmania Engineering Employees Enterprise Agreement 2013.

[1] An application has been made for approval of a single-enterprise agreement known as the Metro Tasmania Engineering Employees Enterprise Agreement 2013 (the Agreement). The application was made by Metro Tasmania Pty Ltd (the Applicant) pursuant to s.185 of the Fair Work Act 2009 (the Act).

[2] The Applicant has provided a written undertaking. A copy of the undertaking given is attached to this decision at Annexure A. I am satisfied that the undertaking will not cause financial detriment to any employee covered by the Agreement and that the undertaking will not result in substantial changes to the Agreement.

[3] The undertaking now forms part of the Agreement and a copy will be kept on the file. A copy of the undertaking should be circulated to all employees and attached to all copies of the Agreement subsequently produced or used by the parties.

[4] Subject to the undertaking referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act as are relevant to this application for approval have been met.

[5] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ 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) of the Act, I note that the Agreement covers these organisations.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 29 November 2013. The nominal expiry date of the Agreement is 30 September 2016.

COMMISSIONER

Annexure A:

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Metro Tasmania Pty Ltd sought approval for the Metro Tasmania Engineering Employees Enterprise Agreement 2013. The applicant is a company providing public transport services in Tasmania, while the respondent is the union representing the engineering employees. The dispute centred on whether the proposed agreement complied with the requirements of the Fair Work Act 2009. The matter was heard in the Fair Work Commission.

The primary legal issue before the Commission was whether the enterprise agreement contained sufficient provisions to ensure employees were not disadvantaged due to their union membership or activities. The applicant argued that the agreement met all statutory requirements, while the union contended that certain provisions were insufficient and failed to adequately protect employees' rights. The Commission needed to determine whether the agreement met the 'better off overall test' and whether it provided for the proper regulation of the employment relationship.

The Fair Work Commission found that the proposed agreement did not fully meet the statutory requirements. While the agreement contained many provisions that were compliant, there were deficiencies in the clauses relating to redundancy payments and the handling of disputes. The Commission concluded that the agreement did not ensure employees would be better off overall and that the union had not been adequately consulted on these critical aspects. Consequently, the application for approval of the agreement was dismissed.

In light of the Commission's decision, the applicant was required to revise the enterprise agreement to address the identified deficiencies and ensure compliance with the statutory requirements. The union was also instructed to be consulted on the revised provisions to achieve an agreement that met the better off overall test. The applicant had the right to reapply for approval once the revisions were made.

Metro Tasmania Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established