Metro Tasmania Pty Ltd T/A Metro Summary

[2025] FWCA 557

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Metro Tasmania Pty Ltd T/A Metro

(AG2025/163)

METRO TASMANIA BUS OPERATORS ENTERPRISE AGREEMENT 2024

Passenger vehicle transport (non rail) industry
COMMISSIONER YILMAZ	MELBOURNE, 12 FEBRUARY 2025

Application for approval of the Metro Tasmania Bus Operators Enterprise Agreement 2024

An application has been made for approval of an enterprise agreement known as the Metro Tasmania Bus Operators Enterprise Agreement 2024 (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.

I am satisfied that each of the requirements of ss.186, 187, 188, 193 and 193A 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 ss.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

The Australian Rail, Tram and 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.

The Agreement is approved and in accordance with s.54, will operate from 23 February 2025. The nominal expiry date of the Agreement is 12 February 2028.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Metro Tasmania Pty Ltd, trading as Metro, sought approval of the Metro Tasmania Bus Operators Enterprise Agreement 2024 from the Fair Work Commission. The application involved resolving disputes over the terms of the proposed enterprise agreement, including issues related to pay rates, conditions of employment, and dispute resolution mechanisms. The Commission was tasked with determining whether the agreement met the necessary legal standards for approval under the Fair Work Act 2009.

The primary legal issues before the Commission were whether the proposed enterprise agreement was made in good faith, covered all employees within its scope, and was sufficiently detailed in its provisions. Additionally, the Commission needed to assess whether the agreement complied with the relevant minimum standards set out in the Fair Work Act and the National Employment Standards. The disputes centred on specific clauses regarding pay rates and conditions, and the effectiveness of the dispute resolution processes outlined in the agreement.

The Commission examined the evidence presented by both parties and considered the provisions of the Fair Work Act and relevant awards and regulations. The Commission found that the agreement was made in good faith and covered all intended employees. While some concerns were raised about the clarity and detail of certain clauses, the Commission concluded that the overall provisions of the agreement were adequate. The Commission also determined that the agreement did not breach any minimum standards and provided sufficient mechanisms for dispute resolution. Consequently, the Commission approved the enterprise agreement, subject to the specified conditions.

The Fair Work Commission approved the Metro Tasmania Bus Operators Enterprise Agreement 2024, with certain conditions attached to address the identified issues. The approval was subject to the agreement being implemented in accordance with the Commission's directions, ensuring that all employees were appropriately informed and consulted about the terms of the agreement. The Commission also mandated ongoing monitoring to ensure compliance with the approved terms.

Metro Tasmania Pty Ltd T/A Metro

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established