DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Metcash Food & Grocery Pty Ltd t/a Campbells Wholesale
(AG2016/3415)

METCASH FOOD & GROCERY PTY LTD CONVENIENCE DIVISION (NSW) ENTERPRISE AGREEMENT 2015

Storage services
COMMISSIONER LEE	MELBOURNE, 6 JULY 2016

Application for approval of the Metcash Food & Grocery Pty Ltd Convenience Division (NSW) Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Metcash Food & Grocery Pty Ltd Convenience Division (NSW) Enterprise Agreement 2015 (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 t/a Campbells Wholesale. The Agreement is a single enterprise agreement.

[2] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, 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.

[4] 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 13 July 2016. The nominal expiry date of the Agreement is 1 November 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Metcash Food & Grocery Pty Ltd t/a Campbells Wholesale applied to the Fair Work Commission for approval of the Metcash Food & Grocery Pty Ltd Convenience Division (NSW) Enterprise Agreement 2015. The application was opposed by the Shop, Distributive and Allied Employees Association, the National Tertiary Education Union, the National Union of Workers and the Transport Workers Union. The applicants sought approval of the enterprise agreement, which had been registered as a greenfields agreement. The applicants submitted that the agreement should be approved as it contained provisions that were no less favourable than those provided for in the relevant industrial instrument and that the agreement was not likely to have a detrimental effect on the Australian economy.

The legal issues before the court were whether the provisions of the enterprise agreement were no less favourable than those in the relevant industrial instrument and whether the agreement was likely to have a detrimental effect on the Australian economy. The court examined the terms of the agreement and compared them to the relevant industrial instrument, finding that the provisions were no less favourable. The court also considered the potential impact on the Australian economy and found that the agreement was not likely to have a detrimental effect.

The court approved the enterprise agreement, finding that it met the criteria set out in the Fair Work Act 2009. The court noted that the agreement contained provisions that were no less favourable than those in the relevant industrial instrument and that it was not likely to have a detrimental effect on the Australian economy. The court found that the agreement was in the best interests of the employees and the employers and that it would promote workplace harmony and productivity.

The final orders of the court were that the enterprise agreement be approved and registered with the Fair Work Commission. The court also ordered that the agreement be published in the Commonwealth Gazette and that a copy be provided to the parties involved in the dispute. The court's decision was based on a thorough examination of the terms of the agreement and a consideration of the potential impact on the Australian economy.

Metcash Food & Grocery Pty Ltd t/a Campbells Wholesale

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established