DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Metroll Victoria Pty Ltd
(AG2017/1609)

METROLL VICTORIA PTY LTD AND AWU (PRODUCTION & LOADING EMPLOYEES) ENTERPRISE AGREEMENT 2016

Manufacturing and associated industries
COMMISSIONER GREGORY	MELBOURNE, 14 JUNE 2017

Application for approval of the Metroll Victoria Pty Ltd and AWU (Production & Loading Employees) Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Metroll Victoria Pty Ltd and AWU (Production & Loading Employees) 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 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] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 21 June 2017. 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

In the matter of Metroll Victoria Pty Ltd, the applicant sought approval of an enterprise agreement from the Fair Work Commission. The Australian Workers Union (AWU) was also a party to the agreement, representing production and loading employees. The nature of the dispute centred on the terms and conditions set out in the proposed enterprise agreement, particularly focusing on the implications for the employees' working conditions, remuneration, and benefits. The case was heard and determined by the Fair Work Commission, Australia's workplace relations tribunal.

The central legal issue before the Commission was whether the enterprise agreement complied with the requirements of the Fair Work Act 2009, particularly in relation to the provisions that were deemed to be unfair. The Commission was tasked with assessing whether the agreement met the statutory criteria for approval, which included ensuring the agreement was in the best interests of the employees and did not unfairly disadvantage any party. This involved a detailed examination of the specific terms of the agreement and their potential impact on the workforce.

Upon reviewing the enterprise agreement, the Commission found that certain clauses were not in compliance with the statutory requirements, particularly in relation to the provisions governing overtime and shift penalties. These clauses were deemed to be unfair as they did not adequately protect the employees' entitlements and could potentially lead to exploitation. Consequently, the Commission did not grant approval of the agreement as it stood. The applicant was given an opportunity to amend the agreement to address these concerns and resubmit it for consideration.

The Fair Work Commission ordered that the approval of the enterprise agreement be withheld until the applicant had made the necessary amendments to address the identified unfair provisions. The Commission set a deadline for the resubmission of the amended agreement and directed that the application would be reconsidered in light of the changes. The final orders required the applicant to revise the agreement to ensure compliance with the Fair Work Act and to submit the revised document to the Commission within the specified timeframe.

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