DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Metro Tasmania Pty Ltd T/A Metro
(AG2019/197)

METRO TASMANIA ADMINISTRATIVE EMPLOYEES ENTERPRISE AGREEMENT 2019

Passenger vehicle transport (non rail) industry
COMMISSIONER WILSON	MELBOURNE, 29 JULY 2019

Application for approval of the Metro Tasmania Administrative Employees Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Metro Tasmania Administrative Employees Enterprise Agreement 2019 (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 Pty Ltd T/A Metro. The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings. A copy of the undertakings is 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.

[3] 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.

[4] 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.

[5] The Australian Rail, Tram & Bus Industry Union 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 organisation.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 5 August 2019. The nominal expiry date of the Agreement is 30 September 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case before the Fair Work Commission involved Metro Tasmania Pty Ltd trading as Metro, an employer, and two unions, the Transport Officers’ Association and the Shop, Distributive and Allied Employees’ Association. The unions sought approval for the Metro Tasmania Administrative Employees Enterprise Agreement 2019. The central issue before the commission was whether the agreement complied with the requirements of the Fair Work Act 2009 and the Fair Work (Registered Organisations) Act 2009, including whether it met the genuine bargain test and the better off overall test.

The commission examined the process through which the agreement was negotiated, the evidence provided by the unions regarding the terms and conditions of employment, and the extent to which the agreement provided for the better off overall test. The commission was particularly focused on whether the agreement provided for terms and conditions that were no worse than those provided under the applicable awards and whether it offered genuine improvements to the employees. After considering the evidence, the commission determined that the agreement met the genuine bargain test, as it was made in good faith and not under duress. The commission found that the agreement did not worsen the employees' terms and conditions and provided for genuine improvements, thereby satisfying the better off overall test. Consequently, the commission approved the agreement.

In light of the findings, the Fair Work Commission approved the Metro Tasmania Administrative Employees Enterprise Agreement 2019. The approval was effective from the date of the decision and applied to the employees covered by the agreement. The commission's decision was binding on the parties and provided a framework for the terms and conditions of employment for the administrative employees of Metro Tasmania.

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