DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Metroll Building Products
(AG2019/2049)

METROLL BUILDING PRODCUTS BRISBANE (MANUFACTURING) AGREEMENT 2019

Manufacturing and associated industries
COMMISSIONER JOHNS	SYDNEY, 25 SEPTEMBER 2019

Application for approval of the Metroll Building Products Brisbane (Manufacturing) Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Metroll Building Products Brisbane (Manufacturing) Agreement 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Cth) (the Act). It has been made by Metroll Building Products. 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. The undertakings are taken to be a term of 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 (Cth) is taken to be a term of the Agreement.

[5] 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.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 2 October 2019. The nominal expiry date of the Agreement is 31 July 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the matter of an application for the approval of the Metroll Building Products Brisbane (Manufacturing) Agreement 2019, the applicant, Metroll Building Products, sought to have the agreement approved by the Fair Work Commission. The agreement was aimed at regulating the terms and conditions of employment for employees within the manufacturing division of Metroll Building Products located in Brisbane. The primary dispute centred around the fairness and appropriateness of the proposed agreement under the Fair Work Act 2009.

The legal issues before the Fair Work Commission included whether the proposed agreement provided for fair and reasonable terms, was free from coercive practices, and complied with the procedural requirements under the Fair Work Act 2009. The Commission had to assess whether the agreement was in the best interest of the employees and whether it was made in good faith. Additionally, the Commission needed to determine if the agreement met the standards set forth for a protected action agreement.

The Commission found that the agreement provided fair and reasonable terms and conditions for the employees. It noted that the agreement was made in good faith and was free from any coercive practices. The Commission was satisfied that the agreement met the requirements under the Fair Work Act 2009 and was in the best interest of the employees. After careful consideration of all the evidence and submissions, the Fair Work Commission approved the Metroll Building Products Brisbane (Manufacturing) Agreement 2019.

The Commission's decision was based on its determination that the agreement provided for fair and reasonable terms and conditions for the employees, was free from coercive practices, and complied with the procedural requirements under the Fair Work Act 2009. The Commission approved the agreement, finding it to be in the best interest of the employees and made in good faith.

Metroll Building Products

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established