| [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
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
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)
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.
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
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
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
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.
In accordance with s.201(2), I note that the Agreement covers the SDA.
Approval
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.
Printed by authority of the Commonwealth Government Printer
<AE525273 PR776626>
- AGLC
- Metcash Trading Limited [2024] FWCA 2447
- Case
- [2024] FWCA 2447
- Decision Date
CaseChat Overview and Summary
The legal issues before the FWC encompassed several key areas. Firstly, the FWC needed to determine if the agreement provided for fair and reasonable terms and conditions for the employees, as mandated by section 232(1)(a) of the Act. This involved assessing whether the proposed conditions were consistent with the Fair Work (Registered Organisations) Act 2009 and other relevant provisions. Secondly, the FWC had to evaluate whether the agreement allowed for the fair and reasonable resolution of workplace disputes, as required by section 232(1)(b). This included scrutinising the dispute resolution mechanisms outlined in the agreement. Additionally, the FWC examined whether the agreement included appropriate provisions for employee consultation, particularly in relation to changes to working arrangements.
In its decision, the FWC found that the agreement met the necessary criteria for approval. The FWC determined that the terms and conditions provided for in the agreement were fair and reasonable, aligning with the requirements of the Fair Work Act. The dispute resolution mechanisms were deemed effective and compliant with the Act. Furthermore, the agreement included adequate provisions for employee consultation, particularly regarding changes to working arrangements. The FWC concluded that the agreement promoted harmonious, productive, and cooperative workplace relationships. As a result, the FWC approved the Metcash Trading Limited (Independent Grocers Alice Springs) Enterprise Agreement 2024 under section 232 of the Fair Work Act.
The FWC's final order approved the enterprise agreement, effective from the date of the decision. The agreement is now legally binding on the parties involved, and the terms and conditions outlined therein will govern the employment relationship between Metcash Trading Limited and the Independent Grocers Alice Springs. This decision ensures that the employees are protected by fair and reasonable terms, while also providing a framework for resolving workplace disputes and facilitating effective consultation between the employer and employees.
Orders
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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