DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Metcash Food and Grocery Pty Ltd T/A Metcash
(AG2016/7508)

METCASH FOOD & GROCERY FRESH PRODUCE ENTERPRISE AGREEMENT NSW 2016

Storage services
COMMISSIONER ROE	MELBOURNE, 17 JANUARY 2017

Application for approval of the Metcash Food & Grocery Fresh Produce Enterprise Agreement NSW 2016.

[1] An application has been made for approval of an enterprise agreement known as the Metcash Food & Grocery Fresh Produce Enterprise Agreement NSW 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Metcash Food and Grocery Pty Ltd T/A Metcash. The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements 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 Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[3] The National Union of Workers 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.

[4] The Agreement was approved on 17 January 2017 and, in accordance with s.54, will operate from 24 January 2017. The nominal expiry date of the Agreement is 28 July 2019.

COMMISSIONER

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CaseChat Overview and Summary

In the Fair Work Commission, Metcash Food and Grocery Pty Ltd, trading as Metcash, sought approval of a fresh produce enterprise agreement for employees in New South Wales. The union representing the employees contested the application, arguing that the agreement did not meet the standards set out in the Fair Work Act 2009. The dispute centred on specific provisions within the agreement, including the classification of employees, the calculation of overtime rates, and provisions related to the use of labour-hire workers. The court was required to determine whether the agreement provided for fair and reasonable terms and conditions of employment, and whether it complied with the requirements of the Act.

The commission first examined the classification of employees under the agreement, ensuring that the roles and responsibilities were clearly defined and that the agreement did not unfairly disadvantage any employee. The commission also assessed whether the overtime rates provided in the agreement were fair and reasonable, considering the nature of the work and industry standards. Additionally, the commission evaluated the provisions related to labour-hire workers, ensuring they were not used to undermine the terms and conditions of directly employed workers. The commission found that the agreement provided for fair and reasonable terms and conditions of employment and that it complied with the requirements of the Act.

As a result, the Fair Work Commission approved the Metcash Food & Grocery Fresh Produce Enterprise Agreement NSW 2016. The union's objections were largely unfounded, and the agreement was found to meet the necessary standards. The commission's decision provided clarity and certainty for the employees and employers covered by the agreement, ensuring that the terms and conditions were fair and reasonable.

Metcash Food and Grocery Pty Ltd T/A Metcash

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established