Metcash Trading Limited Summary

[2022] FWCA 1508

FAIR WORK COMMISSION

CORRECTION TO DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Metcash Trading Limited

(AG2022/1010)

Metcash Trading Limited Dry Grocery and Perishables Operations Enterprise Agreement 2021

Storage services
COMMISSIONER WILLIAMS	PERTH, 5 MAY 2022

Application for approval of the Metcash Trading Limited Dry Grocery and Perishables Operations Enterprise Agreement 2021 – correction to paragraph [3]

The decision issued by the Fair Work Commission on 4 May 2022 [[2022] FWCA 1508, AE515877] is corrected as follows:

By amending paragraph [3] to the following:

The United Workers’ Union and the Shop, Distributive and Allied Employees Association being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers the organisations.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Metcash Trading Limited sought approval of an enterprise agreement from the Fair Work Commission. The agreement in question was the Metcash Trading Limited Dry Grocery and Perishables Operations Enterprise Agreement 2021. The dispute centred on the interpretation and correction of a specific provision within the agreement. The Fair Work Commission was tasked with ensuring the agreement met the legal standards set out in the Fair Work Act 2009.

The legal issue before the Commission was the correction of a specific paragraph in the decision issued on 4 May 2022. The correction sought to amend the wording of paragraph [3] of the decision. This amendment was necessary to accurately reflect the coverage of the agreement under section 183 and section 201(2) of the Fair Work Act 2009. The Commission's role was to verify that the agreement indeed covered the specified organisations and to ensure that the correction appropriately reflected this coverage.

The Fair Work Commission reviewed the application and determined that the amendment to paragraph [3] was necessary to accurately reflect the coverage of the agreement. By amending paragraph [3], the Commission ensured that the agreement correctly specified the organisations it covered, in line with the requirements of the Fair Work Act 2009. This correction was made to provide clarity and to accurately represent the intentions of the parties involved.

The final orders of the Fair Work Commission included the approval of the amended Metcash Trading Limited Dry Grocery and Perishables Operations Enterprise Agreement 2021, with the specific correction to paragraph [3] as outlined in the decision. The agreement was approved as meeting the necessary legal standards, with the amendment ensuring proper coverage under the Fair Work Act 2009.

Metcash Trading Limited

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established