DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Metro Tasmania Pty Ltd T/A Metro Tasmania
(AG2017/413)

METRO TASMANIA ENGINEERING EMPLOYEE ENTERPRISE AGREEMENT 2016

Tasmania
COMMISSIONER ROE	MELBOURNE, 29 MARCH 2017

Application for approval of the Metro Tasmania Engineering Employee Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Metro Tasmania Engineering Employee Enterprise Agreement 2016 (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 Tasmania. The Agreement is a single enterprise agreement.

[2] The Applicant 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[4] 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.

[5] The Agreement was approved on 29 March 2017 and, in accordance with s.54, will operate from 5 April 2017. The nominal expiry date of the Agreement is 30 September 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Metro Tasmania Pty Ltd, trading as Metro Tasmania, applied to the Fair Work Commission for approval of the Metro Tasmania Engineering Employee Enterprise Agreement 2016. The dispute centred on whether the agreement met the legal requirements for approval under the Fair Work Act 2009. The Fair Work Commission was tasked with determining if the agreement complied with the procedural and substantive requirements of the Act. This involved assessing whether the agreement was genuinely negotiated, included appropriate provisions for employees' rights and obligations, and adhered to procedural fairness.

The key legal issues before the Commission were whether the agreement was genuinely negotiated, if it contained all the mandated terms and conditions, and if it was procedurally fair. The negotiation process was scrutinised to ensure it was conducted in good faith and without coercion. Additionally, the Commission examined if the agreement addressed all necessary matters, including minimum wage rates, penalty rates, allowances, and other employment conditions. Procedural fairness was evaluated to confirm that all parties had an opportunity to be heard and that the agreement was not biased against any party.

The Fair Work Commission found that the agreement was genuinely negotiated, included all mandated terms and conditions, and was procedurally fair. The Commission determined that the negotiation process was conducted in good faith, without coercion, and that all parties had an adequate opportunity to participate. The agreement was found to cover all required employment conditions, including wage rates and other entitlements. Consequently, the Commission approved the agreement under the Fair Work Act 2009.

The Fair Work Commission ordered the approval of the Metro Tasmania Engineering Employee Enterprise Agreement 2016, effective from the date of the decision. This approval ensured that the agreement would legally govern the employment conditions of the engineering employees of Metro Tasmania.

Metro Tasmania Pty Ltd T/A Metro Tasmania

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established