DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Metromix Pty Ltd
(AG2019/969)

METROMIX PTY LTD. - AWU - CONCRETE PRODUCTION EMPLOYEES - ENTERPRISE AGREEMENT 2019

Cement and concrete products
COMMISSIONER BISSETT	MELBOURNE, 3 MAY 2019

Application for approval of the Metromix Pty Ltd. - AWU - Concrete Production Employees - Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Metromix Pty Ltd. - AWU - Concrete Production Employees - Enterprise Agreement 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Metromix Pty Ltd. The Agreement is a single enterprise agreement.

[2] 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.

[3] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[4] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] 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.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 10 May 2019. The nominal expiry date of the Agreement is 29 January 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Metromix Pty Ltd recently appeared before the Fair Work Commission in an application for the approval of the Metromix Pty Ltd - AWU - Concrete Production Employees - Enterprise Agreement 2019. The applicant, Metromix, sought approval of the agreement, which was negotiated between Metromix and the Australian Workers' Union, to ensure it met the legal standards for enterprise agreements under the Fair Work Act 2009. The dispute centred on whether the agreement complied with the requirements for good faith bargaining and whether it contained provisions that were contrary to public policy or unfair.

The legal issues before the Commission were whether the agreement was genuinely negotiated and whether it included any terms that were contrary to public policy or unfair. Additionally, the Commission had to determine if the agreement met the standards for good faith bargaining, as stipulated by the Fair Work Act. The applicant argued that the agreement was the result of genuine negotiations and contained terms that were fair and reasonable for all parties involved. The Commission needed to assess the evidence presented regarding the negotiation process and the content of the agreement.

In its decision, the Fair Work Commission examined the evidence provided by both parties regarding the negotiation process. The Commission found that the agreement was indeed the result of genuine negotiations, as there was clear evidence of meaningful discussions and compromises made by both parties. The Commission also reviewed the specific terms of the agreement to ensure they did not contravene public policy or exhibit unfairness. The Commission concluded that the agreement met the legal standards for enterprise agreements and did not contain any terms that were contrary to public policy or unfair.

Following its assessment, the Fair Work Commission approved the Metromix Pty Ltd - AWU - Concrete Production Employees - Enterprise Agreement 2019. This decision was made in the belief that the agreement was genuinely negotiated, contained fair terms, and complied with the requirements under the Fair Work Act. The approval of the agreement ensures that the terms and conditions of employment for the concrete production employees are legally recognised and enforceable.

Metromix 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