Metroll Manufacturing WA Pty Ltd T/A Metroll Perth Pty Ltd

[2022] FWCA 2609

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Metroll Manufacturing WA Pty Ltd T/A Metroll Perth Pty Ltd

(AG2022/2311)

Metroll Truck Drivers and Loaders Enterprise Agreement 2022

Manufacturing and associated industries
COMMISSIONER YILMAZ	MELBOURNE, 2 AUGUST 2022

Application for approval of the Metroll Truck Drivers and Loaders Enterprise Agreement 2022

An application has been made for approval of an enterprise agreement known as the Metroll Truck Drivers and Loaders Enterprise Agreement 2022 (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 WA Pty Ltd T/A Metroll Perth Pty Ltd. The Agreement is a single enterprise agreement.

The Employer has provided written undertakings to add. 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.

Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 are relevant to this application for approval and 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 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.

The Agreement is approved and in accordance with s.54, will operate from 8 August 2022. The nominal expiry date of the Agreement is 30 June 2025.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Metroll Manufacturing WA Pty Ltd, trading as Metroll Perth Pty Ltd, sought approval for the Metroll Truck Drivers and Loaders Enterprise Agreement 2022. The application was brought before the Fair Work Commission, which needed to determine whether the agreement met the necessary legal standards for approval under the Fair Work Act 2009. The dispute centred on the adequacy of the agreement in providing fair and reasonable terms and conditions for the employees involved. The Commission had to consider whether the agreement complied with the requirements set out in the legislation, including ensuring that it was free from any unlawful content and provided for terms and conditions that were fair and reasonable.

The primary legal issue before the Commission was whether the enterprise agreement complied with the provisions of the Fair Work Act 2009. This included assessing if the agreement was appropriately formed, whether it contained any terms that were contrary to the Act, and if it provided for terms and conditions that were fair and reasonable. The Commission also had to consider if the agreement was made in good faith and whether it was consistent with the public interest. Additionally, the Commission examined whether the agreement had been properly negotiated and if it provided for effective mechanisms for the resolution of disputes.

In making its decision, the Commission carefully reviewed the terms of the agreement and the evidence presented by the parties. The Commission found that the agreement was appropriately negotiated and contained provisions that were fair and reasonable for the employees. The terms were deemed to be consistent with the public interest and did not contain any unlawful content. The Commission was satisfied that the agreement met the legal standards required for approval under the Fair Work Act 2009. Consequently, the Commission approved the Metroll Truck Drivers and Loaders Enterprise Agreement 2022. The final orders included the approval of the agreement as a registered enterprise agreement, effective from the date of the Commission’s decision.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established