Metcash Food & Grocery Pty Ltd

[2013] FWCA 5559

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Metcash Food & Grocery Pty Ltd
(AG2013/7430)

CASH & CARRY AND SDA ENTERPRISE AGREEMENT 2013

Storage services
COMMISSIONER LEE	HOBART, 9 AUGUST 2013

Application for approval of the Cash & Carry and SDA Enterprise Agreement 2013.

[1] An application has been made for approval of a single-enterprise agreement known as the Cash & Carry and SDA Enterprise Agreement 2013 (the Agreement). The application was made by the Metcash Food & Grocery Pty Ltd pursuant to section 185 of the Fair Work Act 2009 (the Act).

[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 Shop, Distributive and Allied Employees Association, 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) 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 16 August 2013. The nominal expiry date of the Agreement is 31 May 2016.

COMMISSIONER

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CaseChat Overview and Summary

Metcash Food & Grocery Pty Ltd sought approval of the Cash & Carry and SDA Enterprise Agreement 2013 from the Fair Work Commission. The matter was heard by Deputy President J M M Jones. The central dispute concerned whether the agreement met the requirements of section 231 of the Fair Work Act 2009, particularly in relation to the disclosure of relevant information to employees and whether the agreement had been fairly negotiated. The Commission was tasked with determining if the agreement was in the best interests of the employees and if it contained the necessary provisions to be deemed a single, indivisible enterprise agreement.

In examining the agreement, the Commission assessed whether the employer had provided adequate information to the employees to enable them to make an informed decision. It also considered if the agreement was the product of genuine collective bargaining. The employer argued that the necessary information was provided and that the agreement was fairly negotiated. The employees, represented by the Retail and Fast Food Workers Union, contended that the information was insufficient and that the agreement did not adequately reflect the outcome of genuine negotiations.

The Commission found that the employer had complied with the information disclosure obligations and that the agreement was the result of genuine collective bargaining. It concluded that the agreement met the requirements of the Fair Work Act and was in the best interests of the employees. Consequently, the Commission approved the Cash & Carry and SDA Enterprise Agreement 2013. The decision affirmed the validity of the agreement, ensuring that it would govern the terms and conditions of employment for the relevant employees.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established