DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Metcash Food & Grocery Pty Ltd T/A Metcash
(AG2016/3407)

METCASH FOOD & GROCERY PTY LTD AND NUW NSW ENTERPRISE AGREEMENT 2016

Storage services
COMMISSIONER LEE	MELBOURNE, 6 JULY 2016

Application for approval of the Metcash Food & Grocery Pty Ltd and NUW NSW Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Metcash Food & Grocery Pty Ltd and NUW NSW Enterprise Agreement 2016 (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. 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 15 May 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

The applicants, Metcash Food & Grocery Pty Ltd and the National Union of Workers (NSW Branch) (collectively referred to as "the parties"), sought approval for the Metcash Food & Grocery Pty Ltd and NUW NSW Enterprise Agreement 2016. The application was made to the Fair Work Commission, which had jurisdiction under the Fair Work Act 2009. The primary issue was whether the agreement met the statutory requirements for approval and if it complied with the principles of the Act.

The court examined several legal issues, including whether the agreement was made genuinely in the course of union representation, if it was fairly negotiated, and whether it met the criteria of being a "better off overall test" for employees. The court also considered whether the agreement contained terms that were contrary to public policy or that would undermine the fundamental rights of employees.

The Fair Work Commission found that the agreement was genuinely made in the course of union representation and had been fairly negotiated. The Commission was satisfied that the agreement met the "better off overall test" and did not contain any terms that were contrary to public policy. The Commission concluded that the agreement was fair and reasonable and approved it under section 234 of the Fair Work Act 2009.

The Commission's final order was that the Metcash Food & Grocery Pty Ltd and NUW NSW Enterprise Agreement 2016 be approved. The agreement was to be registered and published in accordance with the provisions of the Act. The approval was effective from the date of the Commission's decision.

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