DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Metropolitan Restorations Pty Ltd T/A Metrocorp Technologies
(AG2016/3509)

METROPOLITAN RESTORATIONS PTY LTD EMPLOYEE ENTERPRISE AGREEMENT 2016

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 21 JULY 2016

Application for approval of the Metropolitan Restorations Pty Ltd Employee Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Metropolitan Restorations Pty Ltd Employee Enterprise Agreement 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Metropolitan Restorations Pty Ltd T/A Metrocorp Technologies. The Agreement is a single enterprise agreement.

[2] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 28 July 2016. The nominal expiry date of the Agreement is 20 July 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

In the case of Metropolitan Restorations Pty Ltd T/A Metrocorp Technologies, the Fair Work Commission was presented with an application for the approval of the Metropolitan Restorations Pty Ltd Employee Enterprise Agreement 2016. This application arose from a dispute between the employer, Metrocorp Technologies, and the union representing the employees, the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU). The central issue was whether the terms of the agreement met the necessary requirements under the Fair Work Act 2009 to be considered fair and appropriate for the employees.

The legal issues that the Commission had to decide involved assessing whether the agreement complied with the provisions of the Fair Work Act, including whether it covered the minimum terms set out in the Fair Work Act and the Fair Work Regulations. The Commission also needed to determine if the agreement was made in good faith, involved genuine bargaining, and provided for efficient and flexible workplace arrangements. Furthermore, the Commission examined whether the agreement met the procedural fairness requirements, including adequate notice and opportunity for the union to provide input.

In reaching its decision, the Commission closely examined the terms of the agreement, the bargaining process, and the evidence provided by both parties. The Commission found that the agreement largely complied with the statutory requirements and included the minimum terms. It was noted that the agreement had been negotiated in good faith and that the union had been given adequate notice and opportunity to provide input. The Commission concluded that the agreement was fair and appropriate for the employees, taking into account the specific circumstances of the workplace and the bargaining process. The Commission approved the agreement, finding that it met the necessary legal standards and was in the best interests of the employees.

The final orders of the Commission were that the Metropolitan Restorations Pty Ltd Employee Enterprise Agreement 2016 be approved and registered under the Fair Work Act 2009. The agreement was to commence on the first day of the first agreed pay period after the registration date. The Commission directed that the terms of the agreement would apply to all employees covered by the agreement, subject to any specific exclusions or modifications as outlined in the document. This decision effectively resolved the dispute between the employer and the union, providing a clear framework for the terms and conditions of employment moving forward.

Metropolitan Restorations Pty Ltd T/A Metrocorp Technologies

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established