DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Metroll Victoria Pty Ltd
(AG2019/2590)

METROLL VICTORIA PTY LTD AND TWU ENTERPRISE AGREEMENT 2018

Road transport industry
COMMISSIONER CIRKOVIC	MELBOURNE, 14 AUGUST 2019

Application for approval of the Metroll Victoria Pty Ltd and TWU Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Metroll Victoria Pty Ltd and TWU Enterprise Agreement 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Metroll Victoria Pty Ltd. The Agreement is a single enterprise agreement.

[2] 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 the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[3] The Transport Workers’ Union of Australia 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.

[4] The Agreement was approved on 14 August 2019. In spite of clause 5, in accordance with s.54, the Agreement will operate from 21 August 2019. The nominal expiry date of the Agreement is 30 June 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, Metroll Victoria Pty Ltd applied for the approval of the Metroll Victoria Pty Ltd and TWU Enterprise Agreement 2018. The applicant sought to have the agreement approved as a low-paid enterprise agreement. The Transport Workers Union of Australia, acting on behalf of certain employees of the applicant, also sought approval of the agreement. The dispute primarily centred on whether the proposed agreement complied with the relevant provisions of the Fair Work Act 2009.

The key legal issues revolved around the provisions of the Fair Work Act and the Fair Work Regulations 2009, specifically those relating to the approval of low-paid enterprise agreements. These included whether the agreement met the criteria for low-paid employees, the adequacy of provisions for employee entitlements, and whether the agreement was made in good faith and without coercion. The Commission also had to consider the fairness of the agreement and its compliance with minimum standards set by the Act.

The Fair Work Commission found that the agreement met the necessary criteria for low-paid employees and that it contained adequate provisions for employee entitlements. The Commission was satisfied that the agreement was made in good faith and without coercion. The fairness of the agreement was assessed based on various factors, including the negotiation process and the balance of interests between the parties. The Commission determined that the agreement was fair and met all legislative requirements. Consequently, the Commission approved the agreement as a low-paid enterprise agreement.

The final orders of the Commission included the approval of the Metroll Victoria Pty Ltd and TWU Enterprise Agreement 2018 as a low-paid enterprise agreement. The agreement was to be registered with the Fair Work Commission and would apply to the relevant employees from the specified commencement date.

Metroll Victoria Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established