METROLL VICTORIA PTY LTD AND AWU (PRODUCTION & LOADING EMPLOYEES) ENTERPRISE AGREEMENT 2025 - 2028

Application for approval of the Metroll Victoria Pty Ltd and AWU (Production & Loading Employees) Enterprise Agreement 2025 - 2028

[1] An application has been made for approval of an enterprise agreement known as the Metroll Victoria Pty Ltd and AWU (Production & Loading Employees) Enterprise Agreement 2025 - 2028 (the Agreement). The application was made pursuant to s 185 of the Fair Work Act 2009 (Cth) (the Act). It has been made by Metroll Victoria Pty Ltd (the Employer). The Agreement is a single enterprise agreement.

[2] On the basis of the material contained in the application and accompanying declaration, I am satisfied that each requirement of ss 186, 187 and 188 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 ss 186(3) and (3A), I am satisfied that the group of employees was fairly chosen.

[3] While the application is generally in order, the title of the Agreement in the Notice of Employee Representational Rights (NERR) is different to the title clause in the Agreement. The Employer provided submissions as to this error on 31 March 2026. However, in all the circumstances, and having regard to the submissions and the decision of the Full Bench in Huntsman Chemical Company Australia Pty Limited T/A RMAX Rigid Cellular Plastics & Others,[1] I am satisfied that these constitute minor procedural or technical errors for the purposes of s 188(2)(a) and that the employees covered by the Agreement are not likely to have been disadvantaged by the errors. 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 Australian Workers' Union (AWU) and Transport Workers' Union of Australia (TWU) being bargaining representatives for the Agreement, have given notice under s 183 of the Act that they seek to be covered by the Agreement. In accordance with s 201(2) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisations.

[5] The Agreement was approved on 1 April 2026. 

[1] [2019] FWCFB 318.

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