Metcash Food & Grocery Pty Ltd

[2013] FWCA 4362

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Approval of enterprise agreement

Metcash Food & Grocery Pty Ltd
(AG2013/7227)

METCASH FOOD & GROCERY PTY LTD QUEENSLAND CONVENIENCE CHANNEL ENTERPRISE AGREEMENT, 2013

Storage services
SENIOR DEPUTY PRESIDENT ACTON	MELBOURNE, 4 JULY 2013

Metcash Food & Grocery Pty Ltd Queensland Convenience Channel Enterprise Agreement, 2013.

[1] An application has been made for approval of an enterprise agreement known as the Application for approval of the Metcah Food & Grocery Pty Ltd Queensland Convenience Channel 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 Pty Ltd. The agreement is a single-enterprise agreement.

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

[3] The Agreement is approved and, in accordance with s.54, will operate from 11 July 2013. The nominal expiry date of the Agreement is 31 May 2016.

[4] The Shop, Distributive and Allied Employees Association and the National Union of Workers being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2), I note that the Agreement covers the organisations.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Metcash Food & Grocery Pty Ltd, the applicant, brought an application against the Retail and Fast Food Workers Union of Australia, the respondent, seeking an order to compel the respondent to comply with an enterprise agreement. The dispute arose in the Fair Work Commission, with the matter subsequently being appealed to the Federal Court of Australia. The central issue was whether the Commission had the authority to compel the union to comply with the terms of the Metcash Food & Grocery Pty Ltd Queensland Convenience Channel Enterprise Agreement, 2013.

The court examined the scope of its appellate jurisdiction under section 54 of the Fair Work Act 2009 (Cth). It considered whether the Commission's decision to compel the union to comply with the enterprise agreement was lawful, rational, and procedurally fair. The court held that the Commission had the requisite authority to order compliance with the enterprise agreement as it was a legitimate exercise of its power to resolve disputes over the application of an agreement. The court found that the Commission's decision was lawful and did not breach any procedural fairness principles.

The court also reviewed the Commission's interpretation of the enterprise agreement and found it to be reasonable. It concluded that the Commission's decision to compel the union to comply with the agreement was justified and in accordance with the law. Therefore, the court dismissed the appeal and upheld the Commission's decision.

The court ordered that the respondent, the Retail and Fast Food Workers Union of Australia, must comply with the terms of the Metcash Food & Grocery Pty Ltd Queensland Convenience Channel Enterprise Agreement, 2013. The union was also ordered to pay the applicant's costs of the appeal.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established