DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Metso Australia Limited
(AG2018/1742)

METSO AUSTRALIA LIMITED (CANNING VALE OPERATIONS) AND NUW COMPREHENSIVE ENTERPRISE AGREEMENT 2018

Manufacturing and associated industries
COMMISSIONER MCKINNON	MELBOURNE, 28 AUGUST 2018

Application for approval of the Metso Australia Limited (Canning Vale Operations) and NUW Comprehensive Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Metso Australia Limited (Canning Vale Operations) and NUW Comprehensive Enterprise Agreement 2018 (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] Written undertakings have been given in accordance with s.190. 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 lodged contained an error on the contents page and at clause 15. On 27 August 2018, the Applicant filed an amended version of the Agreement pursuant to s.586 of the Act. I am satisfied that the correction should be made and that it is appropriate to do so pursuant to s.586 of the Act.

[5] The National Union of Workers 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 4 September 2018. The nominal expiry date of the Agreement is 27 August 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Metso Australia Limited, an employer, and the National Union of Workers (NUW), a trade union, brought before the Australian Industrial Relations Commission an application for the approval of the Metso Australia Limited (Canning Vale Operations) and NUW Comprehensive Enterprise Agreement 2018. The dispute centred around the terms and conditions outlined within the proposed agreement, including wages, hours of work, leave entitlements, and other employment-related provisions. The primary contention was whether the agreement adequately met the statutory requirements for approval under the Fair Work Act 2009.

The court was tasked with determining whether the proposed agreement contained all the necessary components as stipulated by the Fair Work Act, including the obligation to ensure it did not disadvantage employees and provided a fair and efficient workplace. The court also had to assess whether the agreement was made in good faith and if the bargaining processes adhered to the principles of procedural fairness. A significant aspect of the court's consideration was whether the agreement addressed the needs of both the employer and employees fairly, without undermining the fundamental rights of employees as protected under Australian labour law.

In rendering its decision, the court meticulously examined the provisions of the agreement, ensuring it complied with all statutory requirements. The court found that the agreement was comprehensive and balanced, meeting all the necessary criteria for approval. It was noted that the agreement was made in good faith and adhered to the principles of procedural fairness. The court concluded that the proposed agreement did not disadvantage employees and provided for a fair and efficient workplace. Consequently, the court approved the Metso Australia Limited (Canning Vale Operations) and NUW Comprehensive Enterprise Agreement 2018.

Metso Australia Limited

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established