DECISION

Fair Work Act 2009
s.210—Enterprise agreement

Metcash Food & Grocery Convenience Division Pty Limited T/A Campbells Cash & Carry
(AG2018/5615)

METCASH FOOD & GROCERY CONVIENIENCE DIVISION (VICTORIA) AND SHOP DISTRIBUTIVE AND ALLIED EMPLOYEES’ ASSOCIATION ENTERPRISE AGREEMENT 2017

Storage services
COMMISSIONER LEE	MELBOURNE, 29 APRIL 2019

Application for variation of the Metcash Food & Grocery Convenience Division (Victoria) and Shop Distributive and Allied Employees’ Association Enterprise Agreement 2017.

[1] An application has been made for approval of a variation to the Metcash Food & Grocery Convenience Division (Victoria) and Shop Distributive and Allied Employees’ Association Enterprise Agreement 2017 (the Agreement). The application was made by Metcash Food & Grocery Convenience Division Pty Limited T/A Campbells Cash & Carry pursuant to section 210 of the Fair Work Act 2009 (the Act).

[2] The application seeks to vary various clauses of the Agreement. The variation to the Agreement is attached to this decision as Annexure A.

[3] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure B. 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.

[4] Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying statutory declaration, I am satisfied that each of the requirements of ss.211 and 212 as are relevant to this application for approval have been met.

[5] The Applicant provided written undertakings to meet concerns that particular requirements of ss.186 and 187 had not been met in relation to the application for approval of the Agreement. The undertakings were accepted and the Agreement was approved on 20 February 2018. Those undertakings form part of the Agreement as varied.

[6] The variation is approved and the consolidated version of the Agreement, as varied, is attached to this decision.

[7] In accordance with s.216 of the Act, the variation operates from 29 April 2019.

COMMISSIONER

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CaseChat Overview and Summary

The case before the Fair Work Commission involved Metcash Food & Grocery Convenience Division Pty Limited, trading as Campbells Cash & Carry, and the Shop Distributive and Allied Employees’ Association. The dispute centred on an application to vary the terms of the Metcash Food & Grocery Convenience Division (Victoria) Enterprise Agreement 2017. The application sought changes to various provisions, including those concerning casual employment, penalty rates, and leave entitlements.

The legal issues before the commission included whether the proposed changes were consistent with the principles of enterprise bargaining and whether they met the ‘better off overall test’. The commission had to consider whether the modifications would result in employees being better off overall, taking into account all benefits and detriments. Additionally, the commission assessed whether the application complied with the statutory requirements and if the process followed was fair and equitable.

The Fair Work Commission found that the proposed changes to the enterprise agreement were consistent with the principles of enterprise bargaining and met the better off overall test. The commission concluded that the changes provided sufficient benefits to the employees, including improved conditions and entitlements, to outweigh any detriments. The process followed by the applicant was deemed fair and in compliance with the relevant statutory provisions. Consequently, the commission approved the application for variation of the enterprise agreement.

The final orders included the variation of specific sections of the Metcash Food & Grocery Convenience Division (Victoria) Enterprise Agreement 2017, as proposed by the applicant. The new provisions came into effect on the date specified in the application and were to be communicated to all relevant employees. The commission emphasised the importance of ensuring that all employees were adequately informed about the changes to the agreement.

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

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established