Metso Australia Trading AS Metso Australia Limited

METSO AUSTRALIA PTY LTD - TOMAGO ENTERPRISE AGREEMENT 2026

Application for approval of the Metso Australia Pty Ltd - Tomago Enterprise Agreement 2026

[1] Metso Australia Pty Ltd (the Employer) has made an application for approval of an enterprise agreement known as the Metso Australia Pty Ltd - Tomago Enterprise Agreement 2026 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

[2] The Agreement will apply to employees who are covered by the Manufacturing and Associated Industries and Occupations Award 2020 (the Award).

[3] The Agreement contains workplace delegates' rights terms at clauses 13 and 14 which are different to the term in the Award. Pursuant to s.205A(2) of the Act, the workplace delegates' rights term from the Award is taken to be a term of the Agreement if, when the Agreement is approved, the delegates' rights term is less favourable than the delegates' rights term in the Agreement. Clauses 13 and 14 of the Agreement make provision for right of representation and entitlement to reasonable communication, access to the workplace, access to workplace facilities and access to training which are entitlements under the workplace delegates' rights term in the Award. In addition, clause 13.4(b) provides for a greater number of employee representatives who are eligible to take part in training compared to the Award and clause 13.5 provides for paid union meetings. Having regard to these matters, I am satisfied that the workplace delegates' rights terms in the Agreement are more favourable than the term in the Award.

[4] The Agreement refers to trainees in clause 30.6 which provides for exemptions to redundancy entitlements but does not contain rates of pay. Given that the Award appears to be incorporated, any trainees engaged under the Agreement would not be better off overall as they would be paid pursuant to the Award.

[5] The Employer submitted that trainees are not intended to be covered by the Agreement and the reference to 'trainees' is a legacy drafting reference that does not operate to extend coverage of the Agreement. I am satisfied, based on the coverage clause of the Agreement and the submissions of the Employer, that trainees are not covered by the Agreement.

[6] 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.

[7] 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.

[8] In accordance with s.201(2), I note that the Agreement covers the AMWU.

[9] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 3 April 2026. The nominal expiry date of the Agreement is 3 April 2029.

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