Metroll Pty Limited
[2022] FWCA 3446
•6 OCTOBER 2022
| [2022] FWCA 3446 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Metroll Pty Limited
(AG2022/4003)
Metroll Minto Enterprise Agreement 2022
| Manufacturing and associated industries | |
| COMMISSIONER CIRKOVIC | MELBOURNE, 6 OCTOBER 2022 |
Application for approval of the Metroll Minto Enterprise Agreement 2022
An application has been made for approval of an enterprise agreement known as the Metroll Minto Enterprise Agreement 2022 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Metroll Pty Limited. The Agreement is a single enterprise agreement.
The matter was allocated to my Chambers on 29 September 2022.
On 29 September 2022, my Chambers sent correspondence to the parties seeking to address concerns with certain aspects of the Agreement and invited the parties to address these matters. The concerns were as follows:
- Chambers sought and received an amended agreement signature page that was compliant with regulation 2.06A of the Fair Work Regulations 2009.
- As clause 9.4, relating to individual flexibility arrangements, did not meet the requirements of s.203 of the Act, the model flexibility term would be taken to be a term of the Agreement.
- Clause 21.4, relating to compassionate leave, could be inconsistent with the National Employment Standards (NES).
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.
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.
Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.
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.
The Agreement was approved on 6 October 2022 and, in accordance with s.54, will operate from 13 October 2022. The nominal expiry date of the Agreement is 30 June 2024.
COMMISSIONER
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Annexure A
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