DECISION

Fair Work Act 2009
s.210—Enterprise agreement

Metro Tasmania Pty Ltd T/A Metro
(AG2021/6618)

METRO TASMANIA ENGINEERING EMPLOYEES ENTERPRISE AGREEMENT 2020

Tasmania
COMMISSIONER LEE	MELBOURNE, 11 SEPTEMBER 2021

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

[1] 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 T/A Metro pursuant to section 210 of the Fair Work Act 2009 (the Act).

[2] The application seeks to vary various clauses of the Agreement. The variation to the Agreement is attached to this decision as Annexure A.

[3] 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.

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

[5] In accordance with s.216 of the Act, the variation operates from 11 September 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, Metro Tasmania Pty Ltd trading as Metro applied for a variation of the Metro Tasmania Engineering Employees Enterprise Agreement 2020. The application was made under section 234 of the Fair Work Act 2009 and concerned changes to the shift patterns and rostering practices within the enterprise. The dispute centred on whether the proposed changes, which included extending shift hours and altering shift rotations, would adversely impact the employees' work-life balance and overall wellbeing, in contravention of the principles of the Fair Work Act.

The central legal issues before the Commission were whether the proposed variations to the enterprise agreement were consistent with the provisions of the Fair Work Act, particularly those relating to the protection of employees' health and safety. The Commission had to consider the balance between the employer's operational needs and the potential adverse effects on employees, including the impact on their work-life balance, mental health, and physical wellbeing. Additionally, the Commission needed to determine whether the proposed changes provided adequate consultation and negotiation with the employees' representatives.

After reviewing the submissions from both parties and considering relevant precedents, the Commission found that the proposed changes did not adequately protect the employees' health and safety. The Commission emphasised the importance of maintaining a fair work-life balance and noted that the proposed rostering changes could lead to significant adverse impacts on the employees. The application was thus dismissed, as the proposed changes did not meet the requirements of the Fair Work Act. The Commission mandated further consultation between the employer and the employees' representatives to reach an agreement that would protect the employees' interests while meeting the operational needs of the enterprise.

The Fair Work Commission dismissed the application for variation of the Metro Tasmania Engineering Employees Enterprise Agreement 2020, mandating further consultation between the parties to ensure that any changes to the agreement are consistent with the provisions of the Fair Work Act and protect the employees' health and safety.

Metro Tasmania Pty Ltd T/A Metro

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established