DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Metro Tasmania Pty Ltd T/A Metro Tas
(AG2020/2255)

METRO TASMANIA ENGINEERING EMPLOYEES ENTERPRISE AGREEMENT 2020

Tasmania
DEPUTY PRESIDENT MILLHOUSE	MELBOURNE, 19 AUGUST 2020

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

[1] An application has been made for approval of an enterprise agreement known as the Metro Tasmania Engineering Employees Enterprise Agreement 2020 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by Metro Tasmania Pty Ltd T/A Metro Tas. The Agreement is a single-enterprise agreement.

[2] 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.

[3] 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), I note that the Agreement covers the organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 26 August 2020. The nominal expiry date of the Agreement is 30 June 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Metro Tasmania Pty Ltd, trading as Metro Tas, sought approval of the Metro Tasmania Engineering Employees Enterprise Agreement 2020, before the Fair Work Commission. The agreement aimed to govern the employment terms and conditions for engineering employees of Metro Tasmania. The dispute centred on whether the agreement complied with the Fair Work Act 2009 and the Fair Work Regulations 2009, specifically regarding the provisions for minimum entitlements, including wages, leave, and dispute resolution mechanisms.

The legal issues the commission needed to address included whether the agreement adequately provided for minimum entitlements, if it included appropriate dispute resolution processes, and whether the agreement was made in good faith and without coercion. Additionally, the commission had to consider if the agreement met the requirements for simplification, clarity, and accessibility as mandated by the Fair Work Regulations.

In its decision, the Fair Work Commission found that the Metro Tasmania Engineering Employees Enterprise Agreement 2020 did indeed provide for the minimum entitlements required by law and included suitable dispute resolution mechanisms. The commission also determined that the agreement was made in good faith and without any coercion. Furthermore, the agreement met the legislative requirements for simplification, clarity, and accessibility. Consequently, the commission approved the agreement, finding it compliant with all relevant provisions of the Fair Work Act 2009 and the Fair Work Regulations 2009.

Metro Tasmania Pty Ltd T/A Metro Tas

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established