Metroll Pty Limited

[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

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Metroll Pty Limited sought approval of the Metroll Minto Enterprise Agreement 2022 from the Fair Work Commission. The agreement related to the employment terms of Metroll's workers and was contested by the Australian Manufacturing Workers Union, who argued that the proposed agreement was unfair and did not adequately protect workers' rights. The Fair Work Commission was tasked with determining whether the agreement met the legal criteria for approval under the Fair Work Act 2009.

The primary legal issue before the Commission was whether the agreement complied with the requirements set out in section 230 of the Act. This involved assessing if the agreement was "in the public interest" and whether it provided for appropriate mechanisms to protect workers' rights and interests. The Commission also considered whether the agreement provided fair and reasonable terms and conditions for the employees, and if it adhered to the principles of good faith bargaining and procedural fairness.

In its decision, the Commission examined the provisions of the proposed agreement and the process through which it was negotiated. The Commission noted that the agreement included provisions for minimum wages, hours of work, leave entitlements, and dispute resolution mechanisms. It found that the agreement provided fair and reasonable terms for the employees, and that the negotiation process had been conducted in good faith. The Commission concluded that the agreement was in the public interest and met the criteria for approval under the Act. Consequently, the Fair Work Commission approved the Metroll Minto Enterprise Agreement 2022.

The final orders of the Commission included the approval of the Metroll Minto Enterprise Agreement 2022, effective from the date of the decision. The agreement was to be registered by the parties with the Fair Work Commission, and it would govern the employment terms of the workers covered by the agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established