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[8]
austlii:cth/FWCA/2025/3373
General information, not legal advice.
FWCA
2025-10-08
Original judgment source is linked above.
s.185 - Enterprise agreement
METSO AUSTRALIA PTY LTD (CANNING VALE OPERATIONS) ENTERPRISE AGREEMENT 2025
Application for approval of the Metso Australia Pty Ltd (Canning Vale Operations) Enterprise Agreement 2025
[1] Metso Australia Pty Ltd (the Applicant) has made an application for the approval of an enterprise agreement known as the Metso Australia Pty Ltd (Canning Vale Operations) Enterprise 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] 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] In compliance with s 190(4) of the Act, the bargaining representatives' views regarding the undertakings proffered were sought. They were provided with the opportunity to raise and address any objections they had to the undertakings proffered by the Applicant. No objection was raised.
[4] Subject to the undertakings referred to above, and 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, 188, and 190 of the Act as are relevant to this application for approval have been met.
[5] I note that the following clauses in the Agreement appear to be inconsistent with the National Employment Standards (the NES):
Clause 31.4 of the Agreement provides compassionate leave where a member of an employee's immediate family or household contracts or develops a serious illness or sustains a serious injury or dies. However, it is silent in relation to compassionate leave for stillbirth/miscarriage as is provided by s 104(1)(b) and (c) of the Act.
Clause 37.5 of the Agreement appears to provide that in the case of termination, if an Employee fails to give notice, or sufficient notice, the Company shall have the right to withhold money, otherwise due to the Employee, for the period of notice not given.
[6] However, I am satisfied given the undertakings referred to above, the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.
[7] The United Workers Union (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.
[8] The Agreement was approved on 8 October 2025 and, in accordance with s 54, will operate from 15 October 2025. The nominal expiry date of the Agreement is 8 October 2028.
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