DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Metroll Perth Pty Ltd
(AG2017/6805)

METROLL TRUCK DRIVERS AND LOADERS ENTERPRISE AGREEMENT 2017

Manufacturing and associated industries
COMMISSIONER MCKINNON	MELBOURNE, 27 APRIL 2018

Application for approval of the Metroll Truck Drivers and Loaders Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Metroll Truck Drivers and Loaders Enterprise Agreement 2017 (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] The Applicant 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.

[3] 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.

[4] 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 4 May 2018. The nominal expiry date of the Agreement is 30 June 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Metroll Perth Pty Ltd was the applicant in a case before the Fair Work Commission, seeking approval of the Metroll Truck Drivers and Loaders Enterprise Agreement 2017. The dispute involved the terms and conditions of employment for truck drivers and loaders under the proposed agreement, specifically addressing issues related to pay rates, penalty rates, and working conditions. The Fair Work Commission was tasked with determining whether the agreement met the legal requirements for approval under the Fair Work Act 2009 and whether it provided for the fair and equitable treatment of the employees involved.

The legal issues before the Commission included whether the agreement contained mandatory terms that were unfair, whether it provided for adequate pay rates and penalty rates, and if it complied with the provisions of the Fair Work Act. The Commission had to assess whether the agreement met the "better off overall test," ensuring that employees were not worse off financially and were provided with fair and reasonable terms of employment.

In its decision, the Fair Work Commission found that the Metroll Truck Drivers and Loaders Enterprise Agreement 2017 did not contain any terms that were unfair. The Commission concluded that the agreement provided for fair and reasonable terms of employment, including appropriate pay rates and penalty rates, and met the better off overall test. The Commission also noted that the agreement was negotiated in good faith and was in the best interests of the employees. As a result, the Commission approved the agreement.

The Commission's final order was that the Metroll Truck Drivers and Loaders Enterprise Agreement 2017 be approved as a registered agreement under the Fair Work Act. This decision provided certainty and legal recognition for the terms and conditions of employment outlined in the agreement, ensuring that both the employer and employees were governed by a fair and equitable set of rules.

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