DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Metso Australia Limited T/A Metso Australia Limited
(AG2019/3070)

METSO AUSTRALIA LIMITED (CANNING VALE MAINTENANCE DIVISION) AND AMWU ENTERPRISE AGREEMENT 2019

Manufacturing and associated industries
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 11 SEPTEMBER 2019

Application for approval of the Metso Australia Limited (Canning Vale Maintenance Division) and AMWU Enterprise Agreement 2019.

[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 2019 (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 T/A Metso Australia Limited. The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186 and 187 as are relevant to this application for approval have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[3] Employees were provided with an access period of six clear days rather than seven clear days as required by the Act. Nevertheless, in the circumstances, I am satisfied that this constitutes a minor procedural or technical error for the purposes of s.188(2)(a). Further, having regard to the content of the statutory declaration I am satisfied that the employees covered by the agreement were not likely to have been disadvantaged by the error. As a result, I am satisfied that the Agreement has been genuinely agreed within the meaning of s.188(2) of the Act.

[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] The Agreement was approved on 11 September 2019 and, in accordance with s.54, will operate from 18 September 2019. The nominal expiry date of the Agreement is 11 September 2022.

COMMISSIONER

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CaseChat Overview and Summary

Metso Australia Limited T/A Metso Australia Limited, trading as the Canning Vale Maintenance Division, and the Australian Manufacturing Workers' Union (AMWU) sought approval of their Enterprise Agreement 2019 from the Fair Work Commission. The agreement, which was the subject of the dispute, was intended to govern the employment terms of workers at Metso Australia's Canning Vale Maintenance Division. The matter was heard by the Fair Work Commission, which was tasked with determining whether the proposed agreement met the requirements of the Fair Work Act 2009.

The legal issues before the Fair Work Commission centred on whether the Enterprise Agreement 2019 complied with the relevant provisions of the Fair Work Act, including the requirement for the agreement to provide for the protection of employee interests and to be free from any unfair content. The Commission needed to consider whether the agreement was genuinely negotiated and if it provided for procedural fairness, adequate minimum rates of pay, and appropriate conditions for the employees involved.

The Fair Work Commission found that the Enterprise Agreement 2019 was genuinely negotiated and met the requirements of the Fair Work Act. The Commission held that the agreement provided for procedural fairness and contained adequate minimum rates of pay and conditions for the employees. The Commission concluded that the agreement did not contain any unfair content and was in the best interests of the employees. As a result, the Commission approved the Enterprise Agreement 2019.

The Fair Work Commission's decision to approve the Enterprise Agreement 2019 was based on the Commission's finding that the agreement met the requirements of the Fair Work Act. The Commission's approval of the agreement ensures that the employees at Metso Australia's Canning Vale Maintenance Division will be governed by the terms and conditions set out in the agreement, which provides for their protection and fair treatment in the workplace.

Metso Australia Limited T/A Metso Australia Limited(AG2019/3070)

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established