DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Metso Australia Limited
(AG2015/1385)

METSO AUSTRALIA LIMITED (CANNING VALE MAINTENANCE DIVISION) AND AMWU ENTERPRISE AGREEMENT 2015

Manufacturing and associated industries
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 15 JUNE 2015

Application for approval of the Metso Australia Limited (Canning Vale Maintenance Division) and AMWU Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Metso Australia Limited (Canning Vale Maintenance Division) and AMWU Enterprise Agreement 2015 (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] On the basis of the material contained in the application and accompanying statutory declaration, I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[3] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[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) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[5] The Agreement was approved on 15 June 2015 and, in accordance with s.54, will operate from 22 June 2015. The nominal expiry date of the Agreement is 31 May 2019.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Metso Australia Limited, the operator of a maintenance division in Canning Vale, sought the Fair Work Commission's approval of the Metso Australia Limited (Canning Vale Maintenance Division) and AMWU Enterprise Agreement 2015. The Australian Manufacturing Workers' Union (AMWU) represented employees in the division. The nature of the dispute involved the specifics of the enterprise agreement and whether it complied with relevant industrial laws.

The court was required to decide whether the enterprise agreement provided adequate protections and entitlements for employees, whether it met the standards set by the Fair Work Act 2009, and whether it was fair and reasonable in all aspects. A particular focus was on whether the agreement appropriately balanced the interests of both the employer and the employees, including matters such as wages, hours of work, and other conditions of employment.

In delivering its decision, the Fair Work Commission carefully examined the provisions of the enterprise agreement. It considered the submissions from both parties, reviewed relevant industrial laws, and assessed whether the agreement adhered to the principles of fairness and reasonableness. The Commission found that while the agreement contained provisions that met the legal requirements, certain aspects needed amendments to ensure full compliance with the Act and to adequately protect employee interests. The Commission approved the agreement subject to specified modifications to address these concerns. The court's reasoning was grounded in a thorough analysis of the legal framework and the practical implications of the agreement for both parties. The final orders mandated that the enterprise agreement be implemented with the stipulated changes to ensure compliance with industrial laws.

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