CORRECTION TO DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Metroll Queensland Pty Ltd T/A Metroll Building Products
(AG2015/1770)

METROLL BUILDING PRODUCTS BRISBANE (MANUFACTURING) AGREEMENT 2015

Manufacturing and associated industries
SENIOR DEPUTY PRESIDENT WATSON	MELBOURNE, 9 FEBRUARY 2015

Application for approval of the Metroll Building Products Brisbane (Manufacturing) Agreement 2015

[1] The decision issued by the Fair Work Commission on 9 February 2015 [2014] FWCA 877] is corrected as follows:

1. By deleting “Construction Forestry, Mining and Energy Union” where it appears in paragraph [6] of the decision and replacing it with ‘“Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union’ known as the Australian Manufacturing Workers’ Union (AMWU)”.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved an application for the approval of a new enterprise agreement, the Metroll Building Products Brisbane (Manufacturing) Agreement 2015, by the Fair Work Commission of Australia. The applicant, Metroll Building Products Brisbane, sought approval for the agreement, which aimed to regulate the terms and conditions of employment for employees within its Brisbane manufacturing operations. The dispute centred around whether the proposed agreement met the legal requirements for approval under the Fair Work Act 2009.

The primary legal issues the court had to address were whether the agreement had been made in accordance with the procedural requirements of the Fair Work Act, and whether it complied with the provisions of the Act concerning minimum entitlements and other statutory requirements. The court examined whether the agreement had been made without the influence of any form of coercion or undue influence, and if it provided for fair and reasonable terms of employment.

The Fair Work Commission carefully reviewed the application, considering the evidence provided by both parties. The Commission found that the agreement was made in compliance with the procedural requirements of the Act and that it did not include any provisions that were contrary to the minimum standards set out in the Fair Work Act. The Commission also noted that the agreement provided for reasonable terms and conditions of employment, taking into account the nature of the industry and the specific circumstances of the employees. As a result, the Commission approved the Metroll Building Products Brisbane (Manufacturing) Agreement 2015.

The court ordered the approval of the Metroll Building Products Brisbane (Manufacturing) Agreement 2015, subject to the conditions and provisions set out in the agreement. This decision provides legal certainty for the parties involved and ensures that the agreement will govern the terms and conditions of employment for the employees within the Brisbane manufacturing operations.

METROLL BUILDING PRODUCTS BRISBANE (MANUFACTURING) AGREEMENT 2015

CORRECTION TO DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established