Metcash Food & Grocery Pty Ltd T/A IGA Distribution

[2015] FWCA 2413

[2015] FWCA 2413

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.217—Enterprise agreement

Metcash Food & Grocery Pty Ltd T/A IGA Distribution
(AG2015/2280)

METCASH FOOD & GROCERY PTY LTD CRESTMEAD ENTERPRISE AGREEMENT 2014

Storage services
COMMISSIONER ROE	MELBOURNE, 9 APRIL 2015

Application for variation of the Metcash Food & Grocery Pty Ltd Crestmead Enterprise Agreement 2014.

[1] An application has been made for approval of a variation of the Metcash Food & Grocery Pty Ltd Crestmead Enterprise Agreement 2014 (the Agreement). The application was made pursuant to s.217 of the Fair Work Act 2009 (the Act) by Metcash Food & Grocery Pty Ltd. The application was made after the application for approval of the agreement (AG2014/8969).

[2] The Agreement contains a provision, Clause 15 - “wages” in respect to the applicable wage increases during the nominal life of the Agreement. The clause contains the following classifications:

“Qualifying storeworker (after 6 months) -FPP on or after 1.9.15 $972.23; and
Qualifying storeworker (after 6 months-FPP on or after 1.9.16 $962.01; and Storeworker skilled -FPP on or after 1.9.15 $990.00.”

[3] I am satisfied that:

a. The application to vary the Agreement has been made by the employer consistent with Section 217(a) of the Act.

b. The meaning of Clause 15(i) is uncertain because of arithmetical errors.

c. It is quite apparent from reading the clause and applying the specified wage increase that the correct wage rates for the classifications in Clause 15(i) should read:

“Qualifying storeworker (after 6 months)"-FPP on or after 1.9.15 $917.91; and
Qualifying storeworker (after 6 months" -FPP on or after 1.9.16 $952.33; and
Storeworker skilled" -FPP on or after 1.9.15 $990.67.”

d. The NUW was the bargaining representative for the employees in reaching the agreement and the NUW supports the variation.

e. The uncertainty which I have identified should be overcome by varying the clause to correct the arithmetical error.

[4] I shall make the variation. The variation shall operate from 17 October 2014.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

<Price code A, AE410611  PR562867>