DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Metcash Food & Grocery Convenience Division Pty Limited T/A Campbells Cash and Carry
(AG2017/4494)

METCASH FOOD & GROCERY CONVENIENCE DIVISION PTY LIMITED POORAKA BRANCH ENTERPRISE AGREEMENT 2017

Storage services
DEPUTY PRESIDENT MASSON	MELBOURNE, 24 JANUARY 2018

Application for approval of the Metcash Food & Grocery Convenience Division Pty Limited Pooraka Branch Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Metcash Food & Grocery Convenience Division Pty Limited Pooraka Branch Enterprise Agreement 2017 (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 & Grocery Convenience Division Pty Limited T/A Campbells Cash and Carry. 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] Subject to the undertakings referred to above, 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.

[4] The National Union of Workers (NUW) 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 31 January 2018. The nominal expiry date of the Agreement is 30 September 2019.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Appendix A

CaseChat Overview and Summary

In the recent case of Metcash Food & Grocery Convenience Division Pty Limited T/A Campbells Cash and Carry, the Fair Work Commission was tasked with determining the application for the approval of the Enterprise Agreement between the applicant and its employees. The dispute arose from the proposed terms of the Enterprise Agreement, which sought to govern the employment conditions of workers at the Pooraka Branch of the applicant.

The legal issues before the Commission primarily revolved around whether the proposed Enterprise Agreement met the requirements of the Fair Work Act 2009. Specifically, the Commission had to assess if the agreement was a "genuine" enterprise agreement, as defined by the Act, and whether it complied with the procedural and substantive fairness requirements. This included an evaluation of whether the agreement was negotiated in good faith and whether it provided for appropriate mechanisms for dispute resolution.

In delivering its decision, the Commission examined the negotiation process and the contents of the Enterprise Agreement. It considered evidence provided by both parties and assessed whether the agreement was made in accordance with the relevant provisions of the Fair Work Act. The Commission found that the negotiation process was conducted in good faith and that the proposed agreement did not contain any terms that were contrary to public policy or that failed to provide for appropriate dispute resolution mechanisms. Consequently, the Commission approved the Enterprise Agreement, determining that it met the statutory requirements for a genuine enterprise agreement.

The Commission's final orders included the approval of the Enterprise Agreement, which would now govern the employment conditions of the relevant employees at the Pooraka Branch of the applicant. The decision underscored the importance of adhering to the legislative framework governing enterprise agreements and highlighted the Commission's role in ensuring that such agreements are both procedurally and substantively fair.

Metcash Food & Grocery Convenience Division Pty Limited T/A Campbells Cash and Carry

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established