Metroll Victoria Pty Ltd T/A Metroll

[2023] FWCA 851

[2023] FWCA 851

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Metroll Victoria Pty Ltd T/A Metroll

(AG2023/455)

METROLL VICTORIA PTY LTD AND TWU ENTERPRISE AGREEMENT 2022

Road transport industry
COMMISSIONER CIRKOVIC	MELBOURNE, 21 MARCH 2023

Application for approval of the Metroll Victoria Pty Ltd and TWU Enterprise Agreement 2022

1. An application has been made for approval of an enterprise agreement known as the Metroll Victoria Pty Ltd and TWU Enterprise Agreement 2022 (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 T/A Metroll. The Agreement is a single enterprise agreement.

1. 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.

1. I note that some employees covered by the Agreement did not receive a copy of the Notice of Employee Representational Rights within 14 days after the notification time, as required by s.173(3) of the Act. Pursuant to s.188(2), I am satisfied that the Agreement would have been genuinely agreed to but for the minor procedural error made. I am satisfied that the employees covered by the Agreement were not likely to have been disadvantaged by the error. As a result, I am satisfied that the Agreement has been genuinely agreed within the meaning of s.188(2) of the Act.

1. 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.

1. I observe that certain provisions of the Agreement are likely to be inconsistent with the National Employment Standards (NES). 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.

1. 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.

1. The Agreement was approved on 21 March 2023 and, in accordance with s.54, will operate from 28 March 2023. The nominal expiry date of the Agreement is 30 June 2025.

COMMISSIONER

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