DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Metcash Food & Grocery Pty Ltd T/A Metcash
(AG2015/2906)

METCASH FOOD & GROCERY PTY LTD AND NUW NSW ENTERPRISE AGREEMENT 2015

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COMMISSIONER ROE	MELBOURNE, 11 JUNE 2015

Application for approval of the Metcash Food & Grocery Pty Ltd and NUW NSW Enterprise Agreement 2015..

[1] An application has been made for approval of a single-enterprise agreement known as the Metcash Food & Grocery Pty Ltd and NUW NSW Enterprise Agreement 2015 (the Agreement). The application was made by Metcash Food & Grocery Pty Ltd pursuant to s.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. 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 18 June 2015. The nominal expiry date of the Agreement is 15 May 2016.

COMMISSIONER

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CaseChat Overview and Summary

Metcash Food & Grocery Pty Ltd T/A Metcash was the applicant in this proceeding before the Fair Work Commission, with the application seeking approval of the Metcash Food & Grocery Pty Ltd and NUW NSW Enterprise Agreement 2015. The dispute arose from the negotiation and subsequent approval of an enterprise agreement between the company and its employees, represented by the National Union of Workers (NUW).

The legal issues before the court involved the validity and fairness of the terms of the enterprise agreement. The court had to determine whether the agreement complied with the requirements of the Fair Work Act 2009, including whether the agreement had been genuinely negotiated, whether it included appropriate provisions for employee protection and benefits, and whether it was in the best interests of the employees. The court also needed to assess if the agreement met the procedural requirements for approval, including the provision of relevant documents and information to the employees.

The court found that the enterprise agreement had been genuinely negotiated between the parties, as evidenced by the submissions and documentation provided. The agreement contained provisions that were fair and reasonable, taking into account the specific circumstances of the employees and the operations of the company. The court was satisfied that the agreement was in the best interests of the employees and provided adequate protections and benefits. Furthermore, the procedural requirements for approval were met, with all necessary documents and information being provided to the employees. As a result, the court approved the Metcash Food & Grocery Pty Ltd and NUW NSW Enterprise Agreement 2015.

Metcash Food & Grocery Pty Ltd T/A Metcash

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established