Metcash Food & Grocery Pty Ltd

[2014] FWCA 5257

The attached document replaces the document previously issued with the above code on 5 August 2014.

The word ‘Enterprise’ was missing from the preamble.

John Posener

Relief Associate to Commissioner Riordan

Dated 6 August 2014

[2014] FWCA 5257

FAIR WORK COMMISSION

DECISION

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

Metcash Food & Grocery Pty Ltd
(AG2014/6884)

METCASH FOOD & GROCERY PTY LTD CLERICAL AND ADMINISTRATIVE EMPLOYEES ENTERPRISE AGREEMENT 2014

Clerical industry
COMMISSIONER RIORDAN	SYDNEY, 5 AUGUST 2014

Application for approval of the Metcash Food & Grocery Pty Ltd Clerical and Administrative Employees Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Metcash Food & Grocery Pty Ltd Clerical and Administrative Employees Enterprise Agreement 2014 (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 Pty Ltd (the Applicant). The Agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act relevant to this application for approval have been met.

[3] Australian Municipal, Administrative, Clerical and Services Union-South Australian and Northern Territory Branch (ASU), 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from seven days after the issuing of this decision. The nominal expiry date of the Agreement is 1 July 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Metcash Food & Grocery Pty Ltd applied to the Fair Work Commission for approval of the Metcash Food & Grocery Pty Ltd Clerical and Administrative Employees Enterprise Agreement 2014. The applicant sought to have the agreement approved under section 233 of the Fair Work Act 2009, as a registered agreement that complies with the Act's requirements. The application was made on behalf of the employer and the union, the Shop, Distributive and Allied Employees Association (SDA).

The legal issues the court had to determine included whether the agreement was made freely and voluntarily without any duress or coercion, and whether it complied with the Act's requirements, including the provisions for employee representation, dispute resolution, and other minimum terms and conditions. The court also had to consider whether the agreement provided for fair and reasonable terms and conditions for the employees.

The court found that the agreement was made freely and voluntarily, and that it complied with the requirements of the Act. The court was satisfied that the agreement provided for fair and reasonable terms and conditions for the employees, and that it met the minimum standards set out in the Act. The court also found that the agreement provided for adequate employee representation and dispute resolution mechanisms. Accordingly, the court approved the agreement under section 233 of the Act.

The final order of the court was that the Metcash Food & Grocery Pty Ltd Clerical and Administrative Employees Enterprise Agreement 2014 be approved as a registered agreement under section 233 of the Fair Work Act 2009. The agreement was registered on the Register of Registered Agreements, and came into effect on the date of registration.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established