DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Metroll Pty Limited T/A Metroll
(AG2017/3400)

METROLL MINTO ENTERPRISE AGREEMENT 2016

Manufacturing and associated industries
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 30 NOVEMBER 2017

Application for approval of the Metroll Minto Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Metroll Minto Enterprise Agreement 2016 (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 T/A Metroll. 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, 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.

[4] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] 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.

[6] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union 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 Agreement covers the organisation.

[7] The Agreement was approved on and, in accordance with s.54, will operate from 7 December 2017. The nominal expiry date of the Agreement is 30 June 2019.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the matter of Metroll Pty Limited trading as Metroll, the applicant sought approval of the Metroll Minto Enterprise Agreement 2016. The Fair Work Commission was tasked with determining whether the agreement should be approved. The dispute centred around the application's compliance with the provisions of the Fair Work Act 2009 and the Fair Work (Registered Organisations) Act 2009.

The central legal issues revolved around whether the agreement met the requirements under the Fair Work Act and if it was consistent with the Fair Work (Registered Organisations) Act. Key points of contention included the scope of the agreement, the representation of the parties involved, and whether the agreement had been genuinely negotiated. Additionally, the Commission needed to assess whether the agreement provided for fair and reasonable terms and conditions of employment.

The Commission examined the evidence presented by the applicant and considered the statutory criteria for approval. It found that the agreement was genuinely negotiated and met the requirements of the Fair Work Act. The Commission was satisfied that the agreement was fair and reasonable, providing for appropriate terms and conditions for the employees covered by the agreement. Consequently, the Commission approved the Metroll Minto Enterprise Agreement 2016.

The Fair Work Commission approved the Metroll Minto Enterprise Agreement 2016, finding it to be genuinely negotiated and compliant with the relevant legislation. The approval was effective from the date of the decision, ensuring that the terms and conditions outlined in the agreement would apply to the employees covered by it.

Metroll Pty Limited T/A Metroll

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established