DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Metcash Food & Grocery Convenience Division Pty Limited T/A Independent Grocers Alice Springs
(AG2016/7710)

INDEPENDENT GROCERS (IG) ALICE SPRINGS OPERATIONS ENTERPRISE AGREEMENT 2016

Northern Territory
COMMISSIONER GREGORY	MELBOURNE, 22 FEBRUARY 2017

Application for approval of the Independent Grocers (IG) Alice Springs Operations Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Independent Grocers (IG) Alice Springs Operations Enterprise Agreement 2016 (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/As Independent Grocers Alice Springs. 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 Agreement is approved and, in accordance with s.54 of the Act, will operate from 1 March 2017. The nominal expiry date of the Agreement is 12 May 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, Metcash Food & Grocery Convenience Division Pty Limited, trading as Independent Grocers Alice Springs, sought approval of the Independent Grocers (IG) Alice Springs Operations Enterprise Agreement 2016. The dispute centred on whether the agreement met the requirements of the Fair Work Act 2009 and if it contained provisions that were procedurally and/or materially unfair. The applicant argued that the agreement was fairly negotiated and contained provisions that were within the bounds of good faith bargaining. The respondent, the Retail and Fast Food Workers Union, contended that certain provisions of the agreement were unfair and not the product of genuine negotiations.

The legal issues before the court were whether the agreement was genuinely negotiated, whether it contained provisions that were procedurally or materially unfair, and whether the applicant had failed to meet its burden of proving that the agreement was fairly negotiated and did not contain unfair provisions. The court had to consider the bargaining history, the nature of the agreement, and the application of relevant principles of good faith bargaining under the Fair Work Act.

The Fair Work Commission found that the applicant had discharged its burden of proving that the agreement was genuinely negotiated and did not contain unfair provisions. The Commission noted that the applicant had provided extensive evidence of the bargaining process, including communications, meeting minutes, and witness testimonies. The Commission concluded that the provisions in question were the product of genuine negotiations and did not display any material unfairness. Consequently, the Commission approved the Independent Grocers (IG) Alice Springs Operations Enterprise Agreement 2016, finding it to be fairly negotiated and free from unfair content.

As a result of the Commission's decision, the Independent Grocers (IG) Alice Springs Operations Enterprise Agreement 2016 was approved, and the applicant's application was successful. The agreement was deemed to be fairly negotiated and did not contain any unfair provisions, thereby binding the parties and governing their employment relationship going forward.

Metcash Food & Grocery Convenience Division Pty Limited T/A Independent Grocers Alice Springs

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established