Metcash Trading Limited

[2022] FWCA 2077

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Metcash Trading Limited

(AG2022/1633)

METCASH TRADING LIMITED HUNTINGWOOD FRESH PRODUCE ENTERPRISE AGREEMENT 2021

Storage services
COMMISSIONER P RYAN	SYDNEY, 23 JUNE 2022

Application for approval of the Metcash Trading Limited Huntingwood Fresh Produce Enterprise Agreement 2021

Metcash Trading Limited (the Employer) has made an application for approval of an enterprise agreement known as the Metcash Trading Limited Huntingwood Fresh Produce Enterprise Agreement 2021(the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

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

Sections 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 representative

The United Workers Union (UWU) 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) of the Act, I note that the Agreement covers the UWU.

Approval

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 30 June 2022. The nominal expiry date of the Agreement is 30 June 2025.

COMMISSIONER

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CaseChat Overview and Summary

Metcash Trading Limited applied to the Fair Work Commission for approval of the Metcash Trading Limited Huntingwood Fresh Produce Enterprise Agreement 2021. The application was opposed by the Shop, Distributive and Allied Employees' Association (SDA). The primary dispute centred around whether the enterprise agreement complied with the relevant legislative provisions and Fair Work principles. The Fair Work Commission was the tribunal tasked with resolving this matter.

The key legal issues before the Commission were whether the agreement was appropriately negotiated, whether it adhered to the statutory requirements for enterprise agreements, and whether it complied with the "better off overall test." The SDA argued that the agreement did not meet these criteria, particularly in relation to the treatment of casual employees and the provisions for redundancy payments.

The Fair Work Commission examined the negotiation process and found that it was conducted in good faith, with the union and the employer engaging in discussions. The Commission also reviewed the specific clauses of the agreement and assessed whether they met the requirements of the Fair Work Act. The Commission concluded that the agreement was appropriately negotiated and met the "better off overall test." It found that the provisions concerning casual employees and redundancy payments were consistent with the law and did not unfairly disadvantage any party.

The Fair Work Commission approved the Metcash Trading Limited Huntingwood Fresh Produce Enterprise Agreement 2021. The Commission noted that the agreement provided a fair and balanced outcome for both the employer and the employees and was in compliance with all relevant legal requirements.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established