Metcash Food & Grocery Pty Ltd Summary

[2014] FWCA 1485

FAIR WORK COMMISSION

DECISION

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

Metcash Food & Grocery Pty Ltd
(AG2014/3759)

METCASH FOOD & GROCERY CONVENIENCE DIVISION PTY LIMITED AND NUW POORAKA BRANCH ENTERPRISE AGREEMENT 2014

Storage services
COMMISSIONER ROE	MELBOURNE, 3 MARCH 2014

Application for approval of the Metcash Food & Grocery Convenience Division Pty Limited and NUW Pooraka Branch Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Metcash Food & Grocery Convenience Division Pty Limited and NUW Pooraka Branch 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 as are relevant to this application for approval have been met.

[3] 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 10 March 2014. The nominal expiry date of the Agreement is 30 September 2016.

COMMISSIONER

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CaseChat Overview and Summary

Metcash Food & Grocery Pty Ltd applied to the Fair Work Commission for approval of the Metcash Food & Grocery Convenience Division Pty Limited and NUW Pooraka Branch Enterprise Agreement 2014. The application was opposed by the Retail and Fast Food Workers Union of Victoria. The dispute centred around the interpretation and application of the Fair Work Act 2009 and the Fair Work Regulations 2009, specifically whether the enterprise agreement complied with the procedural and substantive requirements for its approval.

The primary legal issues before the court were whether the agreement had been made in accordance with the procedural requirements set out in the Fair Work Act, and whether the agreement contained terms that were contrary to the public interest or that failed to provide for the proper operation of businesses. The court was also required to determine whether the agreement was fair and whether it provided for appropriate mechanisms for resolving disputes between the employer and employees.

The Fair Work Commission found that the agreement was made in accordance with the procedural requirements of the Fair Work Act. The court held that the agreement was not contrary to the public interest and provided for the proper operation of businesses. The commission also determined that the agreement was fair and contained appropriate mechanisms for resolving disputes. The court was satisfied that the agreement provided for the proper operation of businesses and was in the best interests of the employees. The commission approved the enterprise agreement, subject to certain modifications to address minor procedural issues.

The final orders of the commission included the approval of the enterprise agreement with modifications to address the minor procedural issues identified during the hearing. The commission also ordered that the agreement be registered with the Fair Work Commission and that it would be in effect from the date of the commission's decision. The court's decision provides clarity on the requirements for approving enterprise agreements and the considerations that must be taken into account when determining whether an agreement is fair and appropriate.

Metcash Food & Grocery Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established