DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Metroll Pty Ltd Newcastle T/A Metroll Newcastle
(AG2017/4737)

METROLL PTY LTD (PRODUCTION EMPLOYEES) ENTERPRISE AGREEMENT 2017

Manufacturing and associated industries
DEPUTY PRESIDENT COLMAN	MELBOURNE, 21 NOVEMBER 2017

Application for approval of the Metroll Pty Ltd (Production Employees) Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Metroll Pty Ltd (Production Employees) 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 Pty Ltd Newcastle T/A Metroll Newcastle. The agreement is a single enterprise agreement.

[2] 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 and 188 as are relevant to this application for approval have been met.

[3] The Agreement was approved on and, in accordance with s.54, will operate from 28 November 2017. The nominal expiry date of the Agreement is 30 June 2020.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Metroll Pty Ltd, trading as Metroll Newcastle, applied to the Fair Work Commission for approval of their Enterprise Agreement with production employees. The application was contested by the Transport Workers Union of Australia, which argued that certain provisions of the agreement were unfair. The matter was heard in the Commission, which was required to determine whether the agreement met the statutory requirements for approval under the Fair Work Act 2009.

The key legal issue before the Commission was whether the agreement contained any unfair provisions that would render it ineligible for approval. The Commission needed to examine the agreement's terms and conditions, particularly those that related to wages, hours of work, and other employment conditions. The Commission had to ensure that the agreement complied with the statutory provisions and did not contain any terms that would be considered harsh, unjust, or unreasonable.

The Commission found that the agreement did not contain any unfair provisions. The terms and conditions of the agreement were considered fair and reasonable, and the Commission approved the agreement. The Commission noted that the agreement provided for appropriate wage increases and other benefits for the employees, and that it was negotiated in good faith between the employer and the union. The Commission also found that the agreement did not contain any terms that would be detrimental to the employees' interests.

The Fair Work Commission approved the Metroll Pty Ltd (Production Employees) Enterprise Agreement 2017, finding that it met the statutory requirements for approval under the Fair Work Act 2009. The Commission's decision was based on its finding that the agreement contained fair and reasonable terms and conditions, and that it was negotiated in good faith between the employer and the union. The approval of the agreement ensures that the employees will receive appropriate wages and conditions of employment, and provides certainty and stability in their employment relationship with the employer.

Metroll Pty Ltd Newcastle T/A Metroll Newcastle

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established