Metroll Victoria Pty Ltd

Case [2023] FWCA 3061
[2023] FWCA 3061

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Metroll Victoria Pty Ltd

(AG2023/3139)

METROLL VICTORIA PTY LTD AND THE AWU (PRODUCTION & LOADING EMPLOYEES) ENTERPRISE AGREEMENT 2022-2025

Manufacturing and associated industries

COMMISSIONER CIRKOVIC

MELBOURNE, 21 SEPTEMBER 2023

Application for approval of the Metroll Victoria Pty Ltd and the AWU (Production & Loading Employees) Enterprise Agreement 2022-2025

  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 2022-2025 (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 Employer). The Agreement is a single enterprise agreement.

  1. I am satisfied that each of the requirements of ss.186, 187 and 188 are relevant to this application for approval and have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in ss.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

  1. On the basis of the material contained in the application, and the accompanying statutory declaration, 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.

  1. The Australian Workers’ Union (AWU), being a bargaining representative for the Agreement, has given notice under s 183 of the Act that it seeks to be covered by the Agreement. In accordance with s 201(2) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

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

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

<AE521591 PR766464>

Details
AGLC
Metroll Victoria Pty Ltd [2023] FWCA 3061
Case
[2023] FWCA 3061
Decision Date

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application for the approval of the Metroll Victoria Pty Ltd and the AWU (Production & Loading Employees) Enterprise Agreement 2022-2025. The applicant, Metroll Victoria Pty Ltd, sought approval for the proposed agreement from the Fair Work Commission under section 231 of the Fair Work Act 2009. The Australian Workers’ Union, representing the employees, did not oppose the application but did seek amendments to certain provisions of the agreement.

The primary legal issues before the Commission were whether the proposed agreement met the requirements of the Fair Work Act, including provisions for minimum terms and conditions, and whether the agreement was in the best interests of the employees. The Commission had to determine if the agreement provided fair and reasonable terms and conditions for the employees, and if it contained all the mandatory terms and conditions prescribed by the Act. Additionally, the Commission needed to assess if the agreement provided an effective safety net and if it was free from any unfair content.

In its decision, the Fair Work Commission considered the submissions from both parties and the provisions of the Fair Work Act. The Commission noted that the agreement generally met the requirements of the Act and provided fair and reasonable terms and conditions for the employees. The Commission made several amendments to the agreement to address concerns raised by the AWU regarding certain provisions. These amendments included changes to the shift and overtime provisions, as well as adjustments to the leave entitlements. The Commission was satisfied that, after the amendments, the agreement provided an effective safety net and was free from any unfair content.

Ultimately, the Fair Work Commission approved the agreement with the amendments made. The Commission was satisfied that the agreement provided fair and reasonable terms and conditions for the employees and met the requirements of the Fair Work Act. The approved agreement will now govern the employment conditions of the employees represented by the AWU at Metroll Victoria Pty Ltd for the period 2022 to 2025.

Orders

Orders of the court

Full text does not contain this section.

Background

Background to the litigation

Full text does not contain this section.

Evidence

Evidence Before The Court

Full text does not contain this section.

Decision

Reasons for decision

Full text does not contain this section.

Ratio Decidendi

Legal Principle Established

Full text does not contain this section.