Metcash Trading Limited
[2022] FWCA 392
•9 FEBRUARY 2022
| [2022] FWCA 392 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.210—Enterprise agreement
Metcash Trading Limited
(AG2021/9166)
Metcash Trading Limited Victoria Convenience Enterprise Agreement 2020
| Storage services | |
| COMMISSIONER LEE | MELBOURNE, 9 FEBRUARY 2022 |
Application for variation of the Metcash Trading Limited Victoria Convenience Enterprise Agreement 2020
An application has been made for approval of a variation to the Metcash Trading Limited Victoria Convenience Enterprise Agreement 2020 (the Agreement). The application was made by Metcash Trading Limited pursuant to section 210 of the Fair Work Act 2009 (the Act).
The application seeks to vary various clauses of the Agreement. The variation to the Agreement is attached to this decision as Annexure A.
I am satisfied that each of the requirements of ss.210 and 211 of the Act as are relevant to this application for approval of a variation have been met.
The Applicant provided written undertakings to meet concerns that particular requirements of ss.186 and 187 had not been met in relation to the application for approval of the Agreement. The undertakings were accepted and the Agreement was approved on 15 February 2021. Those undertakings form part of the Agreement as varied.
I observe that the following provisions are likely to be inconsistent with the National Employment Standards (NES):
· Clause 28(3)(d) – Annual leave in advance.
· Clause 29(4) – Personal/Carer’s Leave.
However, noting the NES precedence clause at clause 7(1), I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.
The variation is approved and the consolidated version of the Agreement, as varied, is attached to this decision.
In accordance with s.216 of the Act, the variation operates from 9 February 2022.
COMMISSIONER
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