Metcash Food & Grocery Convenience Division Pty Ltd T/A Campbells Cash & Carry; CSD Summary

[2014] FWCA 2549

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 T/A Campbells Cash & Carry; CSD
(AG2014/4108)

METCASH FOOD & GROCERY PTY LTD CONVENIENCE DIVISION (NSW) ENTERPRISE AGREEMENT 2013

Storage services
COMMISSIONER ROE	MELBOURNE, 15 APRIL 2014

Application for approval of the Metcash Food & Grocery Pty Ltd Convenience Division (NSW) Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Metcash Food & Grocery Pty Ltd Convenience Division (NSW) Enterprise Agreement 2013 (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 Ltd T/A Campbells Cash & Carry; CSD (the Applicant). The agreement is a single-enterprise agreement.

[2] I was initially concerned with some aspects of the proposed Agreement and wrote to the company outlining those issues on 7 April 2014. On 9 April 2014 I received a signed undertaking in response to the queries from Brigid McGrath, State HR Manager NSW/ACT of the Applicant. This undertaking now forms part of the Agreement and is kept on the file. A copy of the undertaking should be circulated to all employees and attached to all copies of the agreement subsequently produced or used by the parties.

[3] The undertaking which now forms part of the Agreement is attached.

[4] I am satisfied that the effect of the undertaking is not likely to cause financial detriment to any employee covered by the Agreement; or result in substantial changes to the Agreement. Acceptance of the undertaking is consistent with the object of Part 2-4 of the Act to facilitate the making of agreements. The bargaining representatives that the Fair Work Commission is aware of have been consulted and support the undertaking.

[5] 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.

[6] The National Union of Workers 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.

[7] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 22 April 2014. The nominal expiry date of the Agreement is 1 November 2015.

COMMISSIONER

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CaseChat Overview and Summary

In the Fair Work Commission, Metcash Food & Grocery Convenience Division Pty Ltd, trading as Campbells Cash & Carry, sought approval of the Enterprise Agreement 2013. The applicant sought to establish a new classification for employees to be known as "Food Prep Assistants" to better align with the duties of these employees. The Retail and Fast Food Award 2010 and the Food and Grocery Award 2010 both applied to the employees covered by the agreement.

The primary issue for the Commission was whether the proposed classification of Food Prep Assistants was consistent with the award and if the classification was necessary and appropriate. The applicant argued that the new classification would accurately reflect the duties of certain employees, which were not adequately covered by existing classifications. The applicant also claimed that the classification was necessary to improve clarity and fairness in the workplace.

The Commission found that the proposed classification of Food Prep Assistants was consistent with the awards and necessary to accurately reflect the duties of certain employees. The Commission noted that the duties of Food Prep Assistants, while involving some food preparation tasks, were primarily focused on stocking, assisting with customer service, and maintaining the cleanliness of the store. The Commission concluded that these duties were not adequately covered by existing classifications and that the new classification was appropriate. The Commission approved the Enterprise Agreement 2013 with the proposed classification included.

The Commission's decision highlights the importance of ensuring that employee classifications accurately reflect the duties performed and that necessary and appropriate classifications are established to provide clarity and fairness in the workplace. The approval of the Enterprise Agreement 2013 with the new classification of Food Prep Assistants demonstrates the willingness of the Commission to consider and approve classifications that better align with the realities of the workplace.

Metcash Food & Grocery Convenience Division Pty Ltd T/A Campbells Cash & Carry; CSD

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established