Metcash Trading Limited

[2024] FWCA 2447

[2024] FWCA 2447

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Metcash Trading Limited

(AG2024/2011)

METCASH TRADING LIMITED (INDEPENDENT GROCERS ALICE SPRINGS) ENTERPRISE AGREEMENT 2024

Storage services and wholesale industry
DEPUTY PRESIDENT WRIGHT	SYDNEY, 2 JULY 2024

Application for approval of the Metcash Trading Limited (Independent Grocers Alice Springs) Enterprise Agreement 2024

Introduction

1. Metcash Trading Limited (the Employer) has made an application for approval of an enterprise agreement known as the Metcash Trading Limited (Independent Grocers Alice Springs) Enterprise Agreement 2024 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

Regulation 2.06 Requirements

1. The signature page of the Agreement did not comply in all respects with Regulation 2.06A of the Fair Work Regulations 2009 (Cth). An amended signature page was subsequently filed. I consider it appropriate in the circumstances to allow an amendment of a document relating to a matter before the FWC and do so pursuant to s.586(a) of the Act.

Notice of Employee Representational Rights (NERR)

1. The agreement title on the NERR is ‘Metcash Trading Limited (Independent Grocers Alice Springs) Enterprise Agreement 2023’ while the Agreement notes the title as ‘Metcash Trading Limited (Independent Grocers Alice Springs) Enterprise Agreement 2024’. The Employer provided submissions that it intended for the agreement to be approved in 2023, but due to extended bargaining, the title was adjusted to reflect the new year of commencement in 2024.

1. I am satisfied having regard to those submissions and the decision of the Full Bench in Huntsman Chemical Company Australia Pty Limited T/A RMAX Rigid Cellular Plastics & Others,[1] that this matter constituted a minor technical error for the purposes of s.188(5)(a) of the Act, and that the employees covered by the Agreement were not likely to have been disadvantaged by the error.

Section 190 Undertakings

1. The employer 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. The undertakings are taken to be a term of the Agreement.

Section 186, 187, 188 and 190

1. 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.

Section 183 Bargaining Representatives

1. The Shop, Distributive and Allied Employees’ Association (SDA) being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it.

1. In accordance with s.201(2), I note that the Agreement covers the SDA.

Approval

1. The Agreement is approved and, in accordance with s.54 of the Act, will operate from 9 July 2024. The nominal expiry date of the Agreement is 9 July 2027.

DEPUTY PRESIDENT

[1] [2019] FWCFB 318.

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