Metroll Minto Pty Ltd

[2013] FWCA 7909

The attached document replaces the document previously issued with the above code on 10 October 2013.

Agreement name in preamble corrected and agreement attached to decision

Bronwyn Brown

Associate to Deputy President Lawrence

Dated 10 October 2013

[2013] FWCA 7909

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Metroll Minto Pty Ltd
(AG2013/9433)

METROLL MINTO AGREEMENT 2013

Manufacturing and associated industries
DEPUTY PRESIDENT LAWRENCE	SYDNEY, 10 OCTOBER 2013

Application for approval of the Metroll Minto Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Metroll Minto Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss186, 187 and 188 as are relevant to this application for approval have been met.

[3] 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. As required by s.201(2) I note that the Agreement covers the organisation.

[4] The Agreement is approved. In accordance with s.54(1) it will operate from 17 October 2013. The nominal expiry date of the Agreement is30 June 2016.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, Metroll Minto Pty Ltd sought approval for the Metroll Minto Agreement 2013. The dispute involved the terms and conditions of employment for employees within the company, including issues related to wages, working hours, and other employment conditions. The Fair Work Commission was tasked with assessing whether the proposed agreement met the legal requirements for approval under the Fair Work Act 2009.

The primary legal issues revolved around whether the agreement provided for fair and reasonable terms and conditions of employment, and whether it complied with the relevant provisions of the Fair Work Act. Specifically, the Commission had to determine if the agreement met the 'better off overall test', ensuring that employees were not worse off under the new agreement compared to their existing conditions. Additionally, the Commission considered the fairness of the agreement's provisions concerning pay rates, overtime, leave entitlements, and other employment conditions.

After reviewing the submissions from both parties and considering the relevant legal framework, the Commission found that the Metroll Minto Agreement 2013 met the statutory requirements for approval. The Commission concluded that employees would not be worse off under the new agreement, and it provided for fair and reasonable terms and conditions of employment. Consequently, the Commission approved the agreement, enabling it to be implemented as a registered instrument.

The Fair Work Commission ordered that the Metroll Minto Agreement 2013 be approved and registered as a registered agreement under the Fair Work Act. This decision ensures that the terms and conditions of employment for employees within Metroll Minto Pty Ltd are governed by the approved agreement, providing a clear framework for future employment relations within the company.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established