s.185 - Enterprise agreement

Metroll Manufacturing WA Pty Ltd Trading AS Metroll

METROLL PERTH ENTERPRISE BARGAINING AGREEMENT 2025

Application for approval of the Metroll Perth Enterprise Bargaining Agreement 2025

[1] Metroll Manufacturing WA Pty Ltd (the Applicant) has made an application for the approval of an enterprise agreement known as the Metroll Perth Enterprise Bargaining Agreement 2025 (the Agreement). The application was made under s 185 of the Fair Work Act 2009 (Cth) (the Act). The Agreement is a single enterprise agreement.

[2] On the basis of the material contained in the application and accompanying declarations, I am satisfied that each of the requirements of ss 186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[3] The Agreement contains a delegates' rights term, as required by s 205A(1) of the Act. However, given the decision of the Full Court of the Federal Court in Construction, Forestry and Maritime Employees Union v Australian Industry Group [2025] FCAFC 187, and recent variations issued by the Fair Work Commission Full Bench in AM2024/6 and AM2025/28_,_ I put to the parties my view that the Agreement term is less favourable than the workplace delegates' rights term in the applicable award, and thus the award delegates' rights term should be inserted. The parties did not contest this. Accordingly, under s 205A(2) of the Act, Clause 40A of the _Manufacturing and Associated Industries and Occupations Award 2020_is taken to be a term of the Agreement.

[4] The Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union of Workers (the organisation), 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 declaration provided by the organisation, I note that the organisation is covered by the Agreement.

[5] The Agreement was approved on Friday 6 February 2026 and, in accordance with s 54, will operate from Friday 13 February 2026. The nominal expiry date of the Agreement is Friday 15 December 2028.

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