DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Mett Pty Ltd T/A Mett
(AG2017/2967)

METT ENTERPRISE AGREEMENT 2017

Manufacturing and associated industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 24 OCTOBER 2017

Application for approval of the Mett Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Mett Enterprise Agreement 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Mett Pty Ltd T/A Mett. 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] 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.

[5] The Australian Workers’ Union 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 31 October 2017. The nominal expiry date of the Agreement is 23 October 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Mett Pty Ltd, trading as Mett, applied to the Fair Work Commission for approval of the Mett Enterprise Agreement 2017. The applicant, Mett, sought to have the agreement approved, which would govern the terms and conditions of employment for its employees. The application was made under the Fair Work Act 2009, which mandates the Commission's role in approving such agreements to ensure they meet specific criteria, including fairness and compliance with the law. The dispute centred on whether the agreement fulfilled these requirements and adequately represented the interests of both the employer and the employees.

The legal issues the Commission needed to resolve included whether the agreement was genuinely negotiated between the parties, whether it provided for minimum entitlements as stipulated by the Act, and if it included appropriate dispute resolution mechanisms. The Commission also needed to assess if the agreement complied with the relevant provisions of the Fair Work Act, particularly those concerning the avoidance of unnecessary complexity and ensuring employees' rights were protected.

The Commission determined that the agreement was genuinely negotiated and met all the statutory requirements. It found that the agreement was not unnecessarily complex, provided for minimum entitlements, and included suitable dispute resolution processes. The Commission concluded that the agreement was fair and compliant with the Fair Work Act, and thus approved it. The decision underscored the importance of ensuring that enterprise agreements are both fair and legally compliant, providing a framework for harmonious industrial relations.

The Commission approved the Mett Enterprise Agreement 2017, effective from the date of the decision. The approval meant that the terms and conditions set out in the agreement would legally bind the parties, ensuring that the rights and obligations of both the employer and the employees were clearly defined and enforceable.

Mett Pty Ltd T/A Mett

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established