Metromix Pty. Ltd.

[2022] FWCA 1409

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Metromix Pty. Ltd.

(AG2022/1092)

Metromix Pty Ltd. - AWU – Concrete ProductionEmployees - Enterprise Agreement 2022

Cement and concrete products
COMMISSIONER MCKINNON	SYDNEY, 27 APRIL 2022

Application for approval of the Metromix Pty Ltd. - AWU - Concrete Production Employees - Enterprise Agreement 2022.

Metromix Pty. Ltd. has applied for approval of a single enterprise agreement known as the Metromix Pty Ltd. - AWU - Concrete Production Employees - Enterprise Agreement 2022 (the Agreement).

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.

The Agreement is approved and will operate from 4 May 2022. The nominal expiry date of the Agreement is 29 January 2026.

The flexibility and consultation terms in the Agreement do not contain all of the prescribed content. The model flexibility term and the model consultation term prescribed by the Fair Work Regulations 2009 are taken to be terms of the Agreement.

The Agreement covers The Australian Workers’ Union.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

The matter before the Fair Work Commission involved an application for the approval of the Metromix Pty Ltd. – AWU – Concrete Production Employees – Enterprise Agreement 2022. The applicant, Metromix Pty Ltd., sought approval for the proposed agreement which aimed to regulate the terms and conditions of employment for its concrete production employees represented by the Australian Workers’ Union (AWU). The dispute centred around whether the agreement complied with the provisions of the Fair Work Act 2009 and met the criteria for being a genuinely bargained agreement.

The legal issues before the court involved assessing whether the agreement contained the mandatory provisions as outlined in the Fair Work Act, including minimum rates of pay, penalty rates, leave entitlements, and other conditions of employment. Additionally, the court had to determine if the agreement was a genuine enterprise agreement, meaning it was the product of genuine bargaining between the employer and the union. This included examining whether the union had adequately represented its members in the bargaining process and if the agreement was not imposed by the employer.

In its decision, the court meticulously reviewed the proposed agreement against the statutory requirements. It found that the agreement comprehensively addressed all mandatory provisions as required by the Fair Work Act, including the inclusion of minimum wage rates, appropriate penalty rates, leave entitlements, and other employment conditions. Furthermore, the court concluded that the agreement was a genuinely bargained one, evidenced by the thorough and inclusive negotiation process between the employer and the union. The union had demonstrated adequate representation of its members, and the agreement did not reflect any imposition by the employer. Consequently, the court approved the agreement, finding it to meet all legal requirements and reflecting genuine bargaining.

As a result of the court's approval, the Metromix Pty Ltd. – AWU – Concrete Production Employees – Enterprise Agreement 2022 was officially recognised under the Fair Work Act. This agreement would now govern the employment terms and conditions of the relevant employees, providing a clear framework for their work environment.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established