DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Metcash Food & Grocery Pty Ltd T/A IGA Distribution
(AG2015/2239)

METCASH FOOD & GROCERY PTY LTD AND NATIONAL UNION OF WORKERS ENTERPRISE AGREEMENT 2015: KIDMAN PARK OPERATIONS

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COMMISSIONER ROE	MELBOURNE, 7 APRIL 2015

Application for approval of the Metcash Food & Grocery Pty Ltd and National Union of Workers Enterprise Agreement 2015: Kidman Park Operations.

[1] An application has been made for approval of a single-enterprise agreement known as the Metcash Food & Grocery Pty Ltd and National Union of Workers Enterprise Agreement 2015: Kidman Park Operations (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).

[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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[3] The National Union of Workers, being the bargaining representative for the Agreement, has given notice under s.183 of the Act that they want the Agreement to cover them. 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 14 April 2015. The nominal expiry date of the Agreement is 12 February 2018.

COMMISSIONER

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CaseChat Overview and Summary

The applicant, Metcash Food & Grocery Pty Ltd, trading as IGA Distribution, sought approval of the Metcash Food & Grocery Pty Ltd and National Union of Workers Enterprise Agreement 2015, specifically concerning the Kidman Park operations. The respondent, the National Union of Workers, did not oppose the application but raised concerns about certain provisions in the agreement. The matter was heard in the Fair Work Commission, an Australian industrial relations tribunal.

The legal issues before the court included the fairness and validity of the enterprise agreement under the Fair Work Act 2009. The court was required to consider whether the agreement met the criteria for approval, including provisions related to minimum entitlements, procedural fairness, and the overall fairness of the agreement. The court also had to determine whether the agreement adequately covered all necessary terms and conditions of employment and whether it aligned with the principles of the Fair Work Act.

The Fair Work Commission found that the enterprise agreement met the necessary criteria for approval. The court considered that the agreement provided for fair and reasonable terms and conditions of employment, and it was made in good faith. The court was satisfied that the agreement contained provisions that ensured procedural fairness and met the minimum entitlements required by the Fair Work Act. The concerns raised by the respondent were addressed and resolved in a manner that satisfied the court of the overall fairness of the agreement.

The Fair Work Commission approved the Metcash Food & Grocery Pty Ltd and National Union of Workers Enterprise Agreement 2015, specifically concerning the Kidman Park operations. The court's approval was contingent on the agreement being registered with the Fair Work Commission, and the parties were directed to comply with the necessary registration procedures.

Metcash Food & Grocery Pty Ltd T/A IGA Distribution

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established