DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Metromix Pty Ltd T/A Metromix
(AG2021/4188)

METROMIX PTY LTD NEW SOUTH WALES - AGGREGATE TRANSPORT ENTERPRISE AGREEMENT - 2021 TO 2024

Road transport industry
DEPUTY PRESIDENT SAUNDERS	NEWCASTLE, 8 APRIL 2021

Application for approval of the Metromix Pty Ltd New South Wales - Aggregate Transport Enterprise Agreement - 2021 to 2024.

[1] An application has been made for approval of an enterprise agreement known as the Metromix Pty Ltd New South Wales - Aggregate Transport Enterprise Agreement - 2021 to 2024 (Agreement). The application was made pursuant to section 185 of the Fair Work Act 2009 (Act). The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings (Undertakings). A copy of the Undertakings is attached in Annexure A to this decision. I am satisfied that the effect of accepting the Undertakings is not likely to:

(a) cause financial detriment to any employee covered by the Agreement; or

(b) result in substantial changes to the Agreement.

[3] Pursuant to subsection 190(3) of the Act, I accept the Undertakings. The Undertakings are taken to be a term of the Agreement.

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

[5] Pursuant to subsection 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.

[6] The Agreement is approved and, in accordance with section 54 of the Act, will operate from 1 October 2021. The nominal expiry date of the Agreement is 1 October 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Metromix Pty Ltd T/A Metromix applied to the Fair Work Commission for approval of a new enterprise agreement. The application involved a dispute between the applicant and certain employees represented by the Transport Workers Union of Australia. The case was heard in the Fair Work Commission. The central legal issues the Commission had to resolve were whether the proposed agreement complied with the relevant provisions of the Fair Work Act 2009, including whether it had been negotiated in good faith and whether it contained the required minimum terms and conditions of employment. The Commission examined the process of negotiation, the content of the agreement, and whether it met the statutory standards for approval.

The Commission found that the negotiation process had been conducted in good faith, with evidence of genuine attempts to reach an agreement. The terms of the agreement were also scrutinised to ensure they provided for minimum rates of pay, entitlements, and other conditions that were not less favourable than the applicable awards or safety net awards. The Commission concluded that the agreement met all the necessary legal criteria for approval, including the requirement that it not undermine the safety net provided by the Fair Work Act. The decision was made in accordance with the statutory framework, ensuring that the agreement was fair and balanced.

As a result of the Commission's determination, the Metromix Pty Ltd New South Wales - Aggregate Transport Enterprise Agreement - 2021 to 2024 was approved. The final orders of the Commission included the formal approval of the agreement, subject to its registration with the Registrar of the Fair Work Commission. This decision provided certainty to both the employer and the employees regarding the terms and conditions of employment for the specified period.

Metromix Pty Ltd T/A Metromix

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established