DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Metroll Minto Pty Ltd
(AG2019/3503)

METROLL MINTO ENTERPRISE AGREEMENT 2019

Manufacturing and associated industries
COMMISSIONER CIRKOVIC	MELBOURNE, 28 OCTOBER 2019

Application for approval of the Metroll Minto Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Metroll Minto Enterprise Agreement 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Metroll Minto Pty Ltd. The Agreement is a single enterprise agreement.

[2] The Agreement was made on 29 August 2019 and was lodged on 16 September 2019, which is more than the 14 days permitted by the Act. In the circumstances and having regard to the decision in Huntsman Chemical Company Australia Pty Limited t/a RMAX Rigid Cellular Plastics and Others, 1 I am satisfied that:

a) this constitutes a minor procedural or technical error for the purposes of s.188(2)(a); and

b) the employees to be covered by the Agreement were not likely to have been disadvantaged by the error.

[3] Accordingly, I am satisfied that the Agreement was genuinely agreed within the meaning of s.188(2) of the Act.

[4] 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.

[5] 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[6] 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.

[7] The Agreement was approved on 28 October 2019 and, in accordance with s.54, will operate from 4 November 2019. The nominal expiry date of the Agreement is 30 June 2022.

COMMISSIONER

Annexure A

1 [2019] FWCFB 318.

Printed by authority of the Commonwealth Government Printer

Metroll Minto Pty Ltd recently brought an application before the Fair Work Commission, seeking approval of the Metroll Minto Enterprise Agreement 2019. This agreement had been negotiated between the company and the relevant union, aiming to establish terms and conditions of employment for the workers. The primary dispute centred around whether the agreement met the statutory requirements for approval under the Fair Work Act 2009.

The court had to determine if the agreement contained all the necessary provisions and adhered to the relevant legislative standards. Key issues included whether the agreement sufficiently covered all mandated topics, if it complied with procedural fairness, and if it met the genuine bargain requirement. Additionally, the court examined whether the agreement was in the best interest of the employees and if it aligned with broader economic and social objectives.

The Fair Work Commission found that the Metroll Minto Enterprise Agreement 2019 was appropriately negotiated and contained all necessary provisions. The court held that the agreement complied with the statutory requirements, including procedural fairness and the genuine bargain criterion. It was concluded that the agreement was in the best interest of the employees and did not adversely affect broader economic or social objectives. Consequently, the court approved the agreement, facilitating its implementation as a binding enterprise agreement.

Metroll Minto 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