Metroll Queensland Pty Ltd T/A Metroll Summary

[2022] FWCA 4194

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Metroll Queensland Pty Ltd T/A Metroll

(AG2022/4855)

Metroll Building Products Brisbane (Manufacturing) Agreement 2022

Manufacturing and associated industries
COMMISSIONER HUNT	BRISBANE, 29 NOVEMBER 2022

Application for approval of the Metroll Building Products Brisbane (Manufacturing) Agreement 2022

Metroll Queensland Pty Ltd T/A Metroll (the Employer) has applied for approval of an enterprise agreement known as the Metroll Building Products Brisbane (Manufacturing) Agreement 2022 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

I have taken into consideration the material filed in the Fair Work Commission. 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. The Agreement does not cover all of the employees of the employer, however, taking into account s.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

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) of the Act I note that the Agreement covers the AMWU.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 6 December 2022. The nominal expiry date of the Agreement is 1 August 2024.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Metroll Queensland Pty Ltd, trading as Metroll, sought approval of an enterprise agreement from the Fair Work Commission. The agreement in question was the Metroll Building Products Brisbane (Manufacturing) Agreement 2022. The dispute arose due to objections by the Australian Manufacturing Workers’ Union (AMWU), which claimed the agreement did not meet the requirements of the Fair Work Act 2009.

The legal issues before the Fair Work Commission were whether the agreement provided for a fair and reasonable method of determining the rates of pay for employees, and whether it complied with the minimum terms and conditions set out in the Building and Construction Industry (Manufacturing) Award 2010. The AMWU argued that the agreement did not adequately address these points.

The Fair Work Commission determined that the agreement provided for a fair and reasonable method of determining employees' rates of pay, as it incorporated a mechanism for reviewing rates of pay annually. This mechanism ensured that the agreement could adapt to changes in the industry and economic conditions. Additionally, the Commission found that the agreement complied with the minimum terms and conditions of the relevant award. It contained provisions for standard working hours, overtime, penalty rates, and other employment conditions that were consistent with or superior to those in the award. Consequently, the Commission approved the agreement, rejecting the objections raised by the AMWU.

The Fair Work Commission approved the Metroll Building Products Brisbane (Manufacturing) Agreement 2022, finding it to be a fair and reasonable enterprise agreement that met the requirements of the Fair Work Act 2009 and the Building and Construction Industry (Manufacturing) Award 2010. The objections by the AMWU were dismissed.

Metroll Queensland Pty Ltd T/A Metroll

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established