DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Metcash Food & Grocery Convenience Division Pty Limited T/A Campbells Cash & Carry
(AG2017/6075)

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

Storage services
DEPUTY PRESIDENT COLMAN	MELBOURNE, 20 FEBRUARY 2018

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

[1] An application has been made for approval of an enterprise agreement known as the Metcash Food & Grocery Convienience Division (Victoria) and Shop Distributive and Allied Employees’ Association 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 & 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, 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.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] The Shop, Distributive and Allied Employees Association 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) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[5] The Agreement was approved on 20 February 2018 and, in accordance with s.54, will operate from 27 February 2018. The nominal expiry date of the Agreement is 30 June 2020.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the matter of Metcash Food & Grocery Convenience Division Pty Limited trading as Campbells Cash & Carry, the Australian Industrial Relations Commission considered an application for the approval of the Enterprise Agreement between Metcash and the Shop Distributive and Allied Employees’ Association. The applicant, Metcash, sought approval for the agreement which governs the employment terms of its workforce. The primary issue before the Commission was whether the agreement met the legal requirements for approval under the Fair Work Act 2009. This included assessing whether the agreement was made in good faith, free from coercion and whether it contained the necessary provisions as outlined in the Act.

The Commission evaluated the evidence presented by both parties and examined the agreement's contents to determine compliance with statutory criteria. Key considerations included whether the agreement provided for a fair and efficient method of determining wages and other conditions of employment, and whether it adequately covered the employees' terms and conditions of employment. The Commission also assessed whether the agreement provided for a genuine enterprise bargaining process and whether it included any unfair provisions that could disadvantage employees. Ultimately, the Commission found that the agreement satisfied the legislative requirements for approval.

The Australian Industrial Relations Commission approved the Enterprise Agreement, finding that it was made in good faith and contained all the necessary provisions as stipulated by the Fair Work Act. The Commission highlighted that the agreement provided for a fair and efficient method of determining wages and conditions, and that it did not include any unfair provisions. The decision confirmed that the agreement was a fair and reasonable one, benefiting both the employer and the employees involved.

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