DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Metcash Food & Grocery Pty Ltd t/a Metcash Food & Grocery
(AG2015/5601)

METCASH FOOD & GROCERY ROCKLEA FRESH PRODUCE DISTRIBUTION CENTRE ENTERPRISE AGREEMENT 2015

Storage services
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 13 OCTOBER 2015

Application for approval of the Metcash Food & Grocery Rocklea Fresh Produce Distribution Centre Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Metcash Food & Grocery Rocklea Fresh Produce Distribution Centre 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 Metcash Food & Grocery. 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, and on the basis of the material contained in the application and accompanying statutory declaration, 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 application was not lodged within 14 days after the agreement was made. Pursuant to s.185(3)(b), in all the circumstances I consider it fair to extend the time for making the application to the date it was actually made.

[5] 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) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[6] The Agreement was approved on 13 October 2015 and, in accordance with s.54, will operate from 20 October 2015. The nominal expiry date of the Agreement is 31 July 2018.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Metcash Food & Grocery Pty Ltd t/as Metcash Food & Grocery applied for the approval of the Metcash Food & Grocery Rocklea Fresh Produce Distribution Centre Enterprise Agreement 2015. The applicant sought the approval of the enterprise agreement pursuant to section 174 of the Fair Work Act 2009. The application was contested by the Transport Workers Union, which raised various objections to the agreement.

The central issue for the court was whether the enterprise agreement complied with the procedural requirements of the Fair Work Act 2009. The Transport Workers Union argued that the agreement was not made in good faith, that it was not the product of genuine bargaining, and that it failed to comply with the requirement that it be approved by a majority of the employees it covered. The court was required to determine whether the agreement met the necessary criteria for approval and whether the procedural requirements had been satisfied.

The court found that the enterprise agreement was made in good faith and was the product of genuine bargaining. It also found that the applicant had demonstrated that the agreement had been approved by a majority of the employees it covered. The court held that the agreement complied with the procedural requirements of the Fair Work Act 2009 and was therefore eligible for approval. The court approved the enterprise agreement.

No further orders were sought or made.

Metcash Food & Grocery Pty Ltd t/a Metcash Food & Grocery

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established