Metcash Food & Grocery Convenience Division Pty Ltd

[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

CaseChat Overview and Summary

Metcash Food & Grocery Convenience Division Pty Ltd sought approval of the North Plympton Clerical Employees Enterprise Agreement 2014, which was to cover clerical employees at their North Plympton store. The Fair Work Commission was the forum for the application, which arose out of negotiations between the employer and the union representing the employees. The dispute was centred on whether the agreement met the legal requirements for approval under the Fair Work Act 2009.

The legal issues before the Commission involved assessing whether the agreement complied with the provisions of the Fair Work Act, including whether it contained the mandated minimum entitlements, and whether it was made in good faith and without coercion. The Commission had to determine if the agreement met the standards set by the Act, particularly in terms of minimum wages, penalty rates, leave entitlements, and other conditions of employment. Additionally, the Commission had to consider whether the agreement was free from any unfair content and whether it was appropriately certified by the relevant union.

The Commission found that the agreement was made in good faith, without any element of coercion, and contained all the mandated minimum entitlements. It was also certified by the appropriate union. The Commission was satisfied that the agreement did not contain any unfair content and that it met all the statutory requirements for approval. The Commission approved the agreement on the basis that it provided a fair and reasonable set of terms for the employees and did not undermine the protections afforded by the Fair Work Act.

The Fair Work Commission approved the North Plympton Clerical Employees Enterprise Agreement 2014, confirming its compliance with the Fair Work Act. This decision ensures that the agreement will now form the basis of employment terms for the clerical employees at the North Plympton store, reflecting a balance between the rights and obligations of both the employer and the employees.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established