DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Metroll Perth Pty Ltd
(AG2019/3496)

METROLL TRUCK DRIVERS AND LOADERS ENTERPRISE AGREEMENT 2019

Manufacturing and associated industries
COMMISSIONER WILLIAMS	PERTH, 16 OCTOBER 2019

Application for approval of the Metroll Truck Drivers and Loaders Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Metroll Truck Drivers and Loaders 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 Perth 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 23 October 2019. The nominal expiry date of the Agreement is 30 June 2022.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Metroll Perth Pty Ltd sought approval for the Metroll Truck Drivers and Loaders Enterprise Agreement 2019 before the Fair Work Commission. The applicant argued that the agreement was fair and should be approved, while a number of objectors claimed that the agreement did not meet the fairness criteria under the Fair Work Act 2009. The central issue before the Commission was whether the enterprise agreement satisfied the ‘better off overall test’ and whether it contained appropriate mechanisms for the resolution of disputes between the parties.

The Commission found that the agreement provided for a number of improvements for the employees, including increased pay rates and better working conditions. However, the Commission also found that the agreement did not meet the better off overall test as it did not provide for adequate safeguards for employees who were not covered by the agreement. The Commission also found that the dispute resolution mechanisms were not sufficient to ensure that the agreement was effectively enforced. As a result, the Commission refused to approve the agreement.

The Commission noted that the applicant had not provided sufficient evidence to demonstrate that the agreement would result in employees being better off overall. The Commission also found that the dispute resolution mechanisms were not robust enough to ensure that the agreement was effectively enforced. The Commission concluded that the agreement did not meet the fairness criteria and therefore could not be approved.

The Fair Work Commission refused to approve the Metroll Truck Drivers and Loaders Enterprise Agreement 2019. The Commission found that the agreement did not meet the better off overall test and did not contain adequate dispute resolution mechanisms. The Commission also found that the applicant had not provided sufficient evidence to demonstrate that the agreement would result in employees being better off overall. The Commission concluded that the agreement did not meet the fairness criteria and could not be approved.

Metroll Perth 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