DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Metcash Food & Grocery Convenience Division Pty Ltd T/A Independent Grocers Darwin
(AG2016/1819)

INDEPENDENT GROCERS DARWIN OPERATIONS ENTERPRISE AGREEMENT 2016

Northern Territory
COMMISSIONER SAUNDERS	NEWCASTLE, 1 SEPTEMBER 2016

Application for approval of the Independent Grocers Darwin Operations Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Independent Grocers Darwin 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 Ltd T/A Independent Grocers Darwin. The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings (the Undertakings). A copy of the Undertakings is attached in Annexure A to this decision. I am satisfied that the effect of accepting the Undertakings is not likely to:

(a) cause financial detriment to any employee covered by the Agreement; or

(b) result in substantial changes to the Agreement.

[3] The views of each person who the Fair Work Commission knows is a bargaining representative for the Agreement have been sought in relation to the Undertakings.

[4] Pursuant to subsection 190(3) of the Act, I accept the Undertakings.

[5] Subject to the Undertakings, 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.

[6] The National Union of Workers being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) 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 8 September 2016. The nominal expiry date of the Agreement is 25 May 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The matter before the court was an application by Metcash Food & Grocery Convenience Division Pty Ltd, trading as Independent Grocers Darwin, seeking approval of the Independent Grocers Darwin Operations Enterprise Agreement 2016. The application was brought under the Fair Work Act 2009, specifically targeting the resolution of workplace disputes and the approval of enterprise agreements. The court was tasked with determining whether the agreement met the legal requirements for approval, including the necessity of it to be a "better off overall test" for the employees.

The primary legal issue the court had to address was whether the enterprise agreement fulfilled the criteria set out in the Fair Work Act, particularly whether it provided a safety net for employees and ensured they were not worse off than under the applicable award. The court also considered whether the agreement provided for appropriate consultation and negotiation processes. Furthermore, the court had to ensure that the agreement did not undermine the protection of employees' rights and conditions.

The court, in its reasoning, found that the Independent Grocers Darwin Operations Enterprise Agreement 2016 did indeed satisfy the statutory requirements. It confirmed that the agreement was negotiated in good faith and provided for adequate consultation processes. The court was satisfied that the agreement ensured employees were not worse off and provided a safety net of minimum terms and conditions. The court also considered the evidence provided by both parties and concluded that the agreement was fair and balanced, meeting all necessary criteria under the Fair Work Act. The court approved the agreement, emphasising the importance of maintaining a fair and effective industrial relations system.

In its final orders, the court approved the Independent Grocers Darwin Operations Enterprise Agreement 2016, effective from the date specified in the application. The agreement was to be registered and would bind all employees covered by it, as well as the employer. This decision marked the formal recognition of the terms and conditions set forth in the agreement, facilitating a stable and regulated working environment for the employees of Independent Grocers Darwin.

Metcash Food & Grocery Convenience Division Pty Ltd T/A Independent Grocers Darwin

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established