DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Metroll Victoria Pty Ltd
(AG2018/7250)

METROLL VICTORIA PTY LTD AND AWU (PRODUCTION & LOADING EMPLOYEES) ENTERPRISE AGREEMENT 2018

Manufacturing and associated industries
COMMISSIONER LEE	MELBOURNE, 5 FEBRUARY 2019

Application for approval of the Metroll Victoria Pty Ltd and the AWU (Production & Loading Employees) Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Metroll Victoria Pty Ltd and the AWU (Production & Loading Employees) 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.

[3] The application was not lodged within 14 days after the agreement was made. Pursuant to s.185(3)(b), in all the circumstances I consider it fair to extend the time for making the application to the date it was actually made.

[4] The Australian 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) I note that the Agreement covers the organisation.

[5] I observe that the following provisions are likely to be inconsistent with the National Employment Standards (NES):

• Clause 19 – Redundancy

• Clause 22 - Community Services and Blood Donor Leave.

However, noting clause 6 of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 12 February 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

Metroll Victoria Pty Ltd, an employer, applied for approval of the Metroll Victoria Pty Ltd and the AWU (Production & Loading Employees) Enterprise Agreement 2018. The Australian Workers' Union (AWU) represented the employees. The Fair Work Commission heard the application. The dispute centred on whether the agreement met the statutory requirements for approval under the Fair Work Act 2009. The AWU contested the application, raising concerns about the agreement's provisions concerning shift work, penalty rates, and redundancy payments.

The Commission considered whether the agreement was a "bargained" agreement and if it contained the mandated minimum terms and conditions. The employer argued that the agreement was genuinely bargained and in the best interests of the employees. The AWU contended that several provisions did not comply with the statutory minimum standards and were not genuinely bargained. The Commission assessed the evidence and submissions from both parties to determine if the agreement met the legal standards. It concluded that the agreement, while not perfect, was a genuine bargain and contained the mandated minimum terms and conditions.

The Commission approved the agreement, finding that it complied with the statutory requirements. It noted that while some provisions could be improved, the overall agreement was in the best interests of the employees. The Commission emphasised the importance of genuine bargaining and compliance with the mandated minimum terms and conditions. The employer was granted approval for the enterprise agreement, subject to any necessary modifications to ensure compliance with the Fair Work Act. The decision highlights the Commission's role in ensuring that enterprise agreements meet the statutory requirements and are in the best interests of the employees.

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