Metcash Trading Limited

[2023] FWCA 2216

[2023] FWCA 2216

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

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

Metcash Trading Limited

(AG2023/1841)

METCASH TRADING LIMITED NORTHMEAD CONVENIENCE DIVISION ENTERPRISE AGREEMENT 2023

Storage services
DEPUTY PRESIDENT ROBERTS	SYDNEY, 18 JULY 2023

Application for approval of the Metcash Trading Limited Northmead Convenience Division Enterprise Agreement 2023

1. An application has been made for approval of an enterprise agreement known as the Metcash Trading Limited Northmead Convenience Division Enterprise Agreement 2023 (the Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Metcash Trading Limited (the Applicant). The Agreement is a single enterprise agreement.

1. The Applicant has provided written undertakings (Annexure A). In accordance with s.190(4) of the Act the views of the bargaining representatives for the agreement were sought in relation to the undertakings. 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.

1. Subject to the undertakings referred to above, I am satisfied that each requirement of ss186, 187 and 188 as is relevant to this application for approval has been met. The undertakings are taken to be a term of the Agreement.

1. I note that Clause 5 of the Agreement provides that this Agreement shall be read and interpreted in conjunction with the National Employment Standards (NES). Where the provisions of the NES are more beneficial than those applying under this Agreement, the more beneficial terms will apply.

1. The Agreement is approved and will operate in accordance with s.54 of the Act. The nominal expiry date of the Agreement is 25 July 2026.

DEPUTY PRESIDENT

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Annexure A