Metromix Pty Ltd Summary

[2021] FWCA 6340

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Metromix Pty Ltd
(AG2021/7706)

METROMIX PTY LTD. - TERALBA AND MARRANGAROO QUARRIES COLLECTIVE ENTERPRISE AGREEMENT 2021

Quarrying industry
COMMISSIONER CIRKOVIC	MELBOURNE, 19 OCTOBER 2021

Application for approval of the Metromix Pty. Ltd. - Teralba and Marrangaroo Quarries Collective Enterprise Agreement 2021.

[1] Metromix Pty Ltd (the Applicant) has made an application for approval of an enterprise agreement known as the Metromix Pty Ltd. – Teralba and Marrangaroo Quarries Collective Enterprise Agreement 2021 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act). The agreement is a single enterprise agreement.

[2] The matter was allocated to my Chambers on 8 October 2021.

[3] On 8 October 2021, my Chambers sent correspondence to the parties seeking to address concerns with certain aspects of the Agreement and invited the parties to address these matters. The concerns were as follows:

• Chambers sought lodgement of a Form F18 form the Australian Workers’ Union if it wished for the Agreement to cover it.

• Clause 22, the dispute resolution procedure, did not appear to provide for the settlement of disputes in relation to the NES which was inconsistent with section 186(6) of the Act.

[4] The Applicant has submitted an undertaking in the required form dated 13 October 2021. The undertaking deals with the following topics:

• The Employer has undertaken that where any part time employee works in excess of the mutually arranged hours of work for that part timer then overtime will be paid.

• The disputes procedure contained in Clause 22 of the Agreement will be applied to all disputes arising including disputes in relation to the National Employment Standards.

[5] A copy of the undertaking has been provided to the bargaining representatives and I have sought their views in accordance with s.190(4) of the Act. The bargaining representative that responded supported the undertaking.

[6] The undertaking appears to meet the requirements of s.190(3) of the Act and I have accepted it. As a result, the undertakings are taken to be a term of the Agreement.

[7] As the Agreement does not contain a flexibility term which meets the requirements of s.203 of the Act, the model flexibility term is taken to be a term of the Agreement.

[8] The Australian Workers’ Union (AWU), 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) of the Act I note that the Agreement covers this organisation.

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

[10] The Agreement is approved and will operate from 26 June 2021. The nominal expiry date is 26 June 2025.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

The applicants, Metromix Pty Ltd, sought approval of the Metromix Pty Ltd - Teralba and Marrangaroo Quarries Collective Enterprise Agreement 2021. The application was brought before the Fair Work Commission. The dispute centred around whether the agreement met the requirements for approval under the Fair Work Act 2009. Specifically, the applicants needed to demonstrate that the agreement had been fairly negotiated and that it contained the necessary minimum entitlements for employees.

The court needed to determine if the agreement was genuinely negotiated and contained all the mandated minimum terms and conditions. This included examining the process of negotiation and whether the agreement was made in good faith. Additionally, the court had to ensure that the agreement did not disadvantage employees relative to their entitlements under the relevant awards.

The Fair Work Commission found that the agreement was genuinely negotiated and contained all necessary minimum terms. The commission noted the thorough documentation of the negotiation process and the participation of relevant employee representatives. The commission concluded that the agreement did not disadvantage employees and met all statutory requirements for approval. Consequently, the application was successful, and the agreement was approved.

The Fair Work Commission ordered the approval of the Metromix Pty Ltd - Teralba and Marrangaroo Quarries Collective Enterprise Agreement 2021, effective from the date of the decision. The applicants were directed to provide a copy of the approved agreement to the Fair Work Ombudsman within the specified timeframe.

Metromix Pty Ltd

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Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established