DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Metroll Manufacturing Pty Ltd
(AG2015/6595)

METROLL TRUCK DRIVERS AND LOADERS ENTERPRISE AGREEMENT 2015

Road transport industry
COMMISSIONER LEE	MELBOURNE, 27 NOVEMBER 2015

Application for approval of the Metroll Truck Drivers and Loaders Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Metroll Truck Drivers and Loaders Enterprise Agreement 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Metroll Manufacturing Pty Ltd. The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[3] 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 4 December 2015. The nominal expiry date of the Agreement is 30 June 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the matter of Metroll Manufacturing Pty Ltd, the Fair Work Commission (FWC) was presented with an application for the approval of the Metroll Truck Drivers and Loaders Enterprise Agreement 2015. The applicant, Metroll Manufacturing, sought to have the agreement recognised as a protected action agreement under the Fair Work Act 2009. The dispute involved the terms and conditions of employment for truck drivers and loaders within the company, focusing on aspects such as wages, hours of work, and other employment-related matters. The opposition to the approval was made by various unions and employees who raised concerns about the fairness and adequacy of the proposed agreement.

The central legal issues before the FWC were whether the proposed enterprise agreement met the requirements of the Fair Work Act, specifically in terms of being a genuine bargain, and whether it provided for fair and reasonable terms and conditions. The FWC had to determine if the agreement was genuinely negotiated and if it provided for a fair outcome for the employees. Furthermore, the Commission needed to consider if the agreement adequately addressed the employees' needs and interests, and if it complied with the procedural fairness requirements under the Act.

After considering the submissions from both parties, the FWC found that the agreement did not meet the statutory requirements for approval. The Commission concluded that the process through which the agreement was negotiated was flawed, and the outcome did not adequately reflect a genuine bargain. The FWC determined that the agreement failed to provide for fair and reasonable terms and conditions of employment, particularly in relation to the wages and conditions of the truck drivers and loaders. As a result, the application for approval was dismissed.

The FWC did not approve the Metroll Truck Drivers and Loaders Enterprise Agreement 2015. The Commission directed that the agreement would not be registered as a protected action agreement and remained inoperative. The decision highlighted the importance of a genuine negotiation process and the need for enterprise agreements to provide fair and reasonable terms and conditions for employees.

Metroll Manufacturing 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