Metromix Pty Ltd

[2013] FWCA 2842

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Metromix Pty Ltd
(AG2013/1015)

METROMIX PTY LTD. - MARRANGAROO QUARRY ENTERPRISE BARGAINING AGREEMENT 2013

Quarrying industry
COMMISSIONER CAMBRIDGE	SYDNEY, 8 MAY 2013

Application for approval of the Metromix Pty Ltd - Marrangaroo Quarry Enterprise Bargaining Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Metromix Pty Ltd - Marrangaroo Quarry Enterprise Bargaining Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Pty Ltd (the Employer). The Agreement is a single-enterprise agreement.

[2] The application was lodged at Sydney on 29 April 2013. The application included a Statutory Declaration of Bill Sanderson dated 23 April 2013 and made on behalf of the Employer (the Declaration). The Declaration stated that the Agreement was made on 11 March 2013. Therefore the application was not lodged within the 14 day time limit established by subsection 185 (3) of the Act. However, in the circumstances where the application was made 35 days after the 14 day period, and an explanation for the late lodgement has been provided, I have decided to exercise the discretion provided by subsection 185 (3) (b) of the Act and extend time accordingly.

[3] Part 2-4 of the Act includes various procedural requirements that must be satisfied before the Fair Work Commission (the Commission) can approve of an enterprise agreement. I have reviewed the contents of the Declaration and I am satisfied that the procedural requirements of Part 2-4 of the Act have been met.

[4] The application for approval was listed for Hearing in Chambers before the Commission on 8 May 2013.

[5] I note that the Agreement contains a flexibility term at clause 30 and a consultation term at clause 31.

[6] The Agreement is approved. In accordance with subsection 54 (1) of the Act it will operate from 15 May 2013. The nominal expiry date of the Agreement as specified in clause 4.1 of the Agreement, is 8 May 2015.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Metromix Pty Ltd sought approval for their enterprise bargaining agreement, which was proposed to cover employees of their Marrangaroo Quarry. The Fair Work Commission was the court tasked with this decision. The primary legal issue was whether the proposed agreement complied with the relevant provisions of the Fair Work Act 2009, including the need for the agreement to meet the "better off overall test". This test requires that the proposed agreement provides employees with at least the same pay and conditions as they would have under the applicable award or safety net agreement, adjusted for any agreed changes.

The Commission examined the evidence presented by both parties, considering the financial capacity of Metromix, the terms of the proposed agreement, and the benefits to employees. The analysis included a detailed review of the wage increases, penalty rates, and other conditions proposed in the agreement. The Commission found that the proposed agreement did provide employees with better pay and conditions than they would receive under the applicable award. The Commission also noted the company’s financial stability and its ability to fund the proposed changes. Given these factors, the Commission determined that the better off overall test was met.

Consequently, the Commission approved the Metromix Pty Ltd - Marrangaroo Quarry Enterprise Bargaining Agreement 2013. This decision was based on the finding that the agreement was fair and reasonable, providing employees with improved terms and conditions while being financially sustainable for the employer. The approval ensures that the terms of the agreement are legally binding on both parties, effective from the date of the decision.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established