Metcash Trading Limited
[2022] FWCA 4438
•15 DECEMBER 2022
| [2022] FWCA 4438 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Metcash Trading Limited
(AG2022/5107)
Metcash Trading Limited Victoria Dry Grocery and NDC Enterprise Agreement 2022
| Storage services | |
| COMMISSIONER YILMAZ | MELBOURNE, 15 DECEMBER 2022 |
Application for approval of the Metcash Trading Limited Victoria Dry Grocery and NDC Enterprise Agreement 2022
An application has been made for approval of an enterprise agreement known as the Metcash Trading Limited Victoria Dry Grocery and NDC Enterprise Agreement 2022 (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 Agreement is a single enterprise agreement.
I am satisfied that each of the requirements of ss.186, 187 and 188 are relevant to this application for approval and have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in ss.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.
I observe that clause 34.2 of the Agreement is likely to be inconsistent with the National Employment Standards (NES). The clause appears to restrict an employee’s entitlement to payment of NES entitlements upon termination of employment. However, noting clause 3.1 of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.
The Shop, Distributive and Allied Employees Association 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.
The Agreement is approved and in accordance with s.54, will operate from 22 December 2022. The nominal expiry date of the Agreement is 30 June 2025.
COMMISSIONER
Printed by authority of the Commonwealth Government Printer
<AE518598 PR748972>
0
0
0