DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Metro Urban Management Pty Ltd
(AG2016/7838)

METRO URBAN MANAGEMENT PTY LTD AND TWU (VIC/TAS) ENTERPRISE AGREEMENT 2017 TO 2019

Waste management industry
COMMISSIONER LEE	MELBOURNE, 29 MARCH 2017

Application for approval of the Metro Urban Management Pty Ltd and TWU (VIC/TAS) Enterprise Agreement 2017 to 2019.

[1] An application has been made for approval of an enterprise agreement known as the Metro Urban Management Pty Ltd and TWU (VIC/TAS) Enterprise Agreement 2017 to 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 Urban Management Pty Ltd. 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.

[4] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The Transport Workers’ Union of Australia 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 April 2017. The nominal expiry date of the Agreement is 1 January 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

The matter before the Fair Work Commission was an application for approval of the Metro Urban Management Pty Ltd and TWU (VIC/TAS) Enterprise Agreement 2017 to 2019. The applicant, Metro Urban Management, sought approval of the enterprise agreement which had been negotiated between the company and the Trade Union of Workers. The dispute centred on whether the enterprise agreement met the requirements of the Fair Work Act 2009, particularly in relation to the provisions regarding pay rates, conditions of employment, and other relevant matters.

The central legal issues before the Commission were whether the agreement was a genuine bargain, whether it complied with the Fair Work Act, and if it met the requirements for being a single, indivisible agreement. The Commission had to consider the negotiation process, the terms of the agreement, and whether it provided for minimum terms and conditions of employment as required by the Act. Additionally, the Commission examined whether the agreement contained any provisions that were outside the scope of what could be bargained over under the Act.

The Commission found that the agreement was a genuine bargain between the parties and that it complied with the Fair Work Act. The Commission considered the negotiation process to be robust and the agreement to be comprehensive in its coverage of terms and conditions of employment. The Commission also found that the agreement was a single, indivisible agreement and that it did not contain any provisions that were outside the scope of what could be bargained over under the Act. Based on these findings, the Commission approved the enterprise agreement.

The Fair Work Commission approved the Metro Urban Management Pty Ltd and TWU (VIC/TAS) Enterprise Agreement 2017 to 2019, finding it to be a genuine bargain and compliant with the Fair Work Act. The Commission noted that the agreement provided for minimum terms and conditions of employment and was a single, indivisible agreement. The approval of the enterprise agreement means that it will now be binding on all employees covered by the agreement, and the parties will be required to adhere to the terms and conditions set out in the agreement.

Metro Urban Management Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established