Metcash Food & Grocery Convenience Division Pty Ltd

[2014] FWCA 7686

[2014] FWCA 7686

FAIR WORK COMMISSION

DECISION

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

Metcash Food & Grocery Convenience Division Pty Ltd
(AG2014/9296)

METCASH FOOD & GROCERY CONVENIENCE DIVISION PTY LTD NORTH PLYMPTON CLERICAL EMPLOYEES ENTERPRISE AGREEMENT 2014

Clerical industry
COMMISSIONER CARGILL	SYDNEY, 30 OCTOBER 2014

Application for approval of the Metcash Food & Grocery Convenience Division Pty Ltd North Plympton Clerical Employees Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Metcash Food & Grocery Convenience Division Pty Ltd North Plympton Clerical Employees Enterprise Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Metcash Food & Grocery Convenience Division Pty Ltd. The agreement is a single-enterprise agreement.

[2] Metcash Food & Grocery has provided a signed written undertaking in relation to clause 1.5.1 notice period, clause 1.5.2 deduction when an employee cannot be gainfully employed, clause 3.2.5 penalty rates on a Sunday and clause 10.1 in relation to a default superannuation fund. I am satisfied the undertaking meets my concerns.

[3] In accepting the undertaking I have also accepted that it is not likely to either cause financial detriment to an employee or result in substantial changes to the Agreement (s.190(3)). I note that under s.191 of the Act the undertaking is taken to be a term of the Agreement. A copy of the undertaking is attached to the Agreement.

[4] I am satisfied that each of the requirements of ss186, 187 and 188 as are relevant to this application for approval have been met.

[5] The Agreement is approved and, in accordance with s.54, will operate from 6 November 2014. The nominal expiry date is 14 September 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

<Price code G, AE410883  PR557173>