Metcash Food and Grocery Pty Ltd Summary

[2014] FWCA 6881

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Metcash Food and Grocery Pty Ltd
(AG2014/9119)

METCASH FOOD & GROCERY FRESH PRODUCE ENTERPRISE AGREEMENT NSW 2014

Storage services
COMMISSIONER ROE	MELBOURNE, 30 SEPTEMBER 2014

Application for approval of the Metcash Food & Grocery Fresh Produce Enterprise Agreement NSW 2014.

[1] An application has been made for approval of an enterprise agreement known as the Metcash Food & Grocery Fresh Produce Enterprise Agreement NSW 2014 (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 (the Applicant). The agreement is a single-enterprise agreement.

[2] 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. 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 has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) of the Act I note that the Agreement covers the organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 October 2014. The nominal expiry date of the Agreement is 28 July 2016.

COMMISSIONER

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CaseChat Overview and Summary

The matter before the Fair Work Commission was an application by Metcash Food and Grocery Pty Ltd for the approval of the Metcash Food & Grocery Fresh Produce Enterprise Agreement NSW 2014. The dispute arose as part of the industrial action concerning the Fair Work Act 2009. The primary issue before the commission was whether the proposed agreement met the statutory requirements for approval and was in the best interests of the employees it covered.

The legal issues focused on whether the agreement satisfied the procedural and substantive requirements of the Fair Work Act. Procedurally, the commission examined whether the agreement was made in good faith and whether proper procedures were followed in its creation. Substantively, the commission needed to determine if the agreement provided fair and reasonable terms for the employees. The commission also considered whether the agreement aligned with the principles of enterprise bargaining and if it included appropriate mechanisms for dispute resolution.

The Fair Work Commission found that the proposed agreement met the necessary procedural and substantive requirements. The commission confirmed that the agreement was made in good faith and followed the appropriate bargaining processes. It also found that the agreement provided fair and reasonable terms for the employees, including provisions for wages, hours of work, and other conditions of employment. The commission determined that the agreement was in the best interests of the employees and approved it accordingly.

Metcash Food and Grocery Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established