Metroll Queensland Pty Ltd T/A Metroll Darwin/Reomart NT

[2025] FWCA 231

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Metroll Queensland Pty Ltd T/A Metroll Darwin/Reomart NT

(AG2024/5062)

METROLL BUILDING PRODUCTS BRISBANE (MANUFACTURING) AGREEMENT 2024

Manufacturing and associated industries
DEPUTY PRESIDENT DOBSON	BRISBANE, 21 JANUARY 2025

Application for approval of the Metroll Building Products Brisbane (Manufacturing) Agreement 2024.

This decision deals with an application made for approval of an enterprise agreement known as the Metroll Building Products Brisbane (Manufacturing) Agreement 2024 (the Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Metroll Queensland Pty Ltd (the Applicant). The Agreement is a single enterprise agreement.

On the basis of the material contained in the application and accompanying declarations, having regard to the Statement of Principles,[1] I am satisfied that each requirement of ss186, 187 and 188 as are relevant to this application for approval have been met.

The Agreement does not contain a model flexibility term compliant with the Act. 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 (AMWU) lodged a Form F18 statutory declaration giving notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) of the Act, I note the Agreement covers the AMWU.

The Agreement is approved and will operate in accordance with s.54 of the Act. The nominal expiry date of the Agreement is 1 November 2027.

DEPUTY PRESIDENT

[1] Fair Work (Statement of Principles on Genuine Agreement) Instrument 2023.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the case of Metroll Queensland Pty Ltd T/A Metroll Darwin/Reomart NT, the applicant, Metroll Queensland Pty Ltd, sought approval for the Metroll Building Products Brisbane (Manufacturing) Agreement 2024. The applicant, through its representative, requested that the agreement be approved under the relevant legislation to ensure compliance with industrial relations laws. The Fair Work Commission was the tribunal responsible for making the decision.

The primary legal issue before the court was whether the proposed agreement met the requirements set out in the legislation. This included assessing whether the agreement provided for fair terms and conditions of employment and whether it complied with the procedural requirements for such agreements. The court also needed to determine if the agreement was in the best interests of the employees involved.

The Commission carefully reviewed the proposed agreement, considering its provisions and their impact on the employees. It was noted that the agreement provided for terms and conditions that were fair and reasonable, taking into account the specific needs and circumstances of the employees. The Commission was satisfied that the agreement met the necessary legislative criteria and that the process for approving the agreement had been followed correctly. Consequently, the Commission approved the Metroll Building Products Brisbane (Manufacturing) Agreement 2024.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established