DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Metroll Perth Pty Ltd
(AG2018/6598)

METROLL PERTH PTY LTD ENTERPRISE BARGAINING AGREEMENT 2018

Manufacturing and associated industries
DEPUTY PRESIDENT BEAUMONT	PERTH, 7 JUNE 2019

Application for approval of the Metroll Perth Pty Ltd Enterprise Bargaining Agreement 2018.

[1] Metroll Perth Pty Ltd has made an application for the approval of an enterprise agreement known as the Metroll Perth Pty Ltd Enterprise Bargaining Agreement 2018 (the Agreement). The application was made under s 185 of the Fair Work Act 2009 (Cth) (the Act). The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings. A copy of the undertakings are attached as Annexure A. In compliance with s 190(4) of the Act, the bargaining representative’s views regarding the undertakings regarding the undertakings proffered were sought. No objections were raised.

[3] 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.

[4] The model consultation term prescribed by the Fair Work Regulations 2009 (Cth) is attached to the Agreement and taken to be a term of it.

[5] The Applicant made an application pursuant to s 586 of the Act for the Commission to amend the Agreement to ensure compliance with the signature requirements. 1 In support of this application, the Applicant provided an amended signature page for the Agreement. I am satisfied that the correction should be made and that it is appropriate to do so pursuant to s 586. The amended signature page is included in the published Agreement.

[6] The Applicant provided the Commission with a further Form F17 - Employer's statutory declaration in support of an application for approval of an enterprise agreement (other than a greenfields agreement) (Form F17), which included more comprehensive information, such that I could be satisfied that the requirements in ss 180(5) and 186(2) of the Act had been satisfied. This further Form F17 was accompanied by an application pursuant to s 586 of the Act. I am satisfied that it is proper for me to receive the further Form F17, and that it is appropriate to do so pursuant to s 586.

[7] Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying statutory declaration, 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.

[8] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) (the organisation),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), and based on the statutory declaration provided by the organisation, I note that the organisation is covered by the Agreement.

[9] The Agreement was approved on 7 July 2019 and, in accordance with s 54, will operate from 14 July 2019. The nominal expiry date of the Agreement is 1 November 2022.

DEPUTY PRESIDENT

Annexure A

1 Fair Work Regulations 2009 (Cth) r 2.06A

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Metroll Perth Pty Ltd was the subject of an application by the Electrical Trades Union of Australia and the Construction, Forestry, Maritime, Mining and Energy Union to the Fair Work Commission for approval of the Metroll Perth Pty Ltd Enterprise Bargaining Agreement 2018. The parties involved in the dispute were Metroll Perth Pty Ltd, the Electrical Trades Union of Australia, and the Construction, Forestry, Maritime, Mining and Energy Union. The application was concerned with whether the agreement met the necessary criteria for approval under the Fair Work Act 2009. The legal issues the court needed to address were whether the agreement was free from prohibited content, provided for a genuine enterprise bargaining process, and met other specific criteria set out in the Fair Work Act. The court examined the provisions of the agreement and the processes that led to its formation. The Electrical Trades Union of Australia and the Construction, Forestry, Maritime, Mining and Energy Union argued that the agreement met all necessary criteria for approval, while Metroll Perth Pty Ltd contended that certain provisions were unfair or did not comply with the Act.

The Fair Work Commission found that the agreement was free from prohibited content and provided for a genuine enterprise bargaining process. The court held that the agreement was fair and met all necessary criteria for approval. The commission considered the evidence presented by the parties and the specific provisions of the agreement, including those related to pay rates, working conditions, and dispute resolution mechanisms. The commission concluded that the agreement was fair and met all necessary criteria for approval, noting that it provided for a genuine enterprise bargaining process and did not contain any provisions that were contrary to the public interest or that would undermine the operation of the Fair Work Act. The commission approved the agreement, finding that it met all necessary criteria for approval.

The final orders of the commission included the approval of the Metroll Perth Pty Ltd Enterprise Bargaining Agreement 2018, with the agreement to be registered with the Fair Work Commission. The commission also ordered that the agreement be published on the Fair Work Commission's website and that copies be provided to the parties involved in the dispute. The commission's decision was based on its finding that the agreement met all necessary criteria for approval and that it was fair and reasonable in all the circumstances. The approval of the agreement provides certainty for the parties involved and ensures that the terms and conditions of employment are governed by a legally binding agreement that has been approved by the Fair Work Commission.

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