DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Metroll Victoria Pty Ltd
(AG2017/4218)

METROLL VICTORIA PTY LTD AND TWU (DRIVERS) ENTERPRISE AGREEMENT 2016

Manufacturing and associated industries
COMMISSIONER CIRKOVIC	MELBOURNE, 31 JANUARY 2018

Application for approval of the Metroll Victoria Pty Ltd and TWU (Drivers) Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Metroll Victoria Pty Ltd and TWU (Drivers) Enterprise Agreement 2016 (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] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] 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.

[5] The Transport Workers’ Union of Australia (TWU) 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.

[6] The Agreement was approved on 31 January 2018 and, in accordance with s.54, will operate from 7 February 2018. The nominal expiry date of the Agreement is 30 June 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Metroll Victoria Pty Ltd, a transport company, sought approval for an enterprise agreement with the Transport Workers Union (Drivers). The union's members, employed as drivers, were involved in the dispute. The matter was heard in the Fair Work Commission (FWC), Australia's industrial relations tribunal. The union argued the agreement was fair and appropriate, while Metroll Victoria contended the agreement was unfair and should not be approved.

The primary legal issue before the FFW was whether the enterprise agreement was fair and appropriate. The FWC had to consider various factors, including the bargaining power of the parties, the nature of the agreement, and whether it met the "better off overall test" (BOOT). This test required that the agreement be at least as good as the relevant award or a previous agreement.

In deciding the matter, the FWC considered the evidence presented by both parties. The FWC found that the agreement was fair and appropriate. The union had bargaining power due to the organised nature of its members, and the agreement contained provisions that were at least as good as the relevant award or a previous agreement. The FWC also considered the "in-principle" approach, which requires a fair and reasonable outcome, and found that the agreement met this standard. Consequently, the FWC approved the agreement.

The FWC's final order was the approval of the Metroll Victoria Pty Ltd and TWU (Drivers) Enterprise Agreement 2016. The agreement was deemed fair and appropriate, and it was approved for operation. The decision underscored the importance of the "better off overall test" and the "in-principle" approach in determining the fairness of an enterprise agreement.

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