Metso Australia Limited

[2019] FWCA 7982

[2019] FWCA 7982

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Metso Australia Limited
(AG2019/4235)

METSO AUSTRALIA LIMITED TOMAGO COLLECTIVE AGREEMENT 2019 – 2021

Manufacturing and associated industries
COMMISSIONER LEE	MELBOURNE, 22 NOVEMBER 2019

Application for approval of the Metso Australia Limited Tomago Collective Agreement 2019 - 2021.

[1] An application has been made for approval of an enterprise agreement known as the Metso Australia Limited Tomago Collective Agreement 2019 - 2021 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Metso Australia Limited. The Agreement is a single enterprise agreement.

[2] The Employer 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. The undertakings are taken to be a term of 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 “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) 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.

[5] I observe that the following provisions are likely to be inconsistent with the National Employment Standards (NES):

•  Clause 17 – Public Holidays

•  Clause 19 – Long Service Leave

•  Clause 20 – Redundancy

However, noting clause 2 of the undertaking provided, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 29 November 2019. The nominal expiry date of the Agreement is 1 March 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

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Annexure A