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

[2014] FWCA 5895

FAIR WORK COMMISSION

DECISION

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

Metcash Food & Grocery Convenience Division Pty Limited T/A Campbells Cash & Carry
(AG2014/7170)

METCASH FOOD & GROCERY CONVENIENCE DIVISION (VICTORIA) AND SHOP DISTRIBUTIVE AND ALLIED EMPLOYEES' ASSOCIATION ENTERPRISE AGREEMENT 2014

Storage services
COMMISSIONER ROE	MELBOURNE, 26 AUGUST 2014

Application for approval of the Metcash Food & Grocery Convenience Division (Victoria) and Shop Distributive and Allied Employees' Association Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Metcash Food & Grocery Convenience Division (Victoria) and Shop Distributive and Allied Employees' Association Enterprise Agreement 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 & Grocery Convenience Division Pty Limited T/A Campbells Cash & carry (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 Shop, Distributive and Allied Employees Association 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 2 September 2014. The nominal expiry date of the Agreement is 30 June 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Metcash Food & Grocery Convenience Division Pty Limited, trading as Campbells Cash & Carry, applied for the approval of the Metcash Food & Grocery Convenience Division (Victoria) and Shop Distributive and Allied Employees' Association Enterprise Agreement 2014. The application was heard in the Fair Work Commission. The central dispute involved the terms and conditions of employment for employees under the proposed enterprise agreement and whether it complied with the relevant legislative requirements.

The legal issues the court needed to address were whether the proposed agreement met the statutory criteria for approval, including whether it facilitated the improvement of workplace relations and provided for a fair and efficient resolution of workplace disputes. The court also had to consider if the agreement provided for the protection of employees' rights and interests and if it allowed for an appropriate balance between the interests of employers and employees.

The court, after thorough examination, found that the proposed enterprise agreement met all the statutory requirements for approval. The agreement facilitated improvements in workplace relations, provided mechanisms for resolving disputes, and protected the rights and interests of employees. The court also noted that the agreement struck an appropriate balance between the interests of employers and employees. Therefore, the court approved the enterprise agreement.

As a result of the court's decision, the Metcash Food & Grocery Convenience Division (Victoria) and Shop Distributive and Allied Employees' Association Enterprise Agreement 2014 was approved. The agreement became a legally binding contract between the employer and the employees, governing the terms and conditions of their employment.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established