Metcash Trading Limited

Case •

[2022] FWCA 353

•

4 FEBRUARY 2022
[2022] FWCA 353

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.210—Enterprise agreement

Metcash Trading Limited

(AG2021/8803)

Metcash Trading Limited CSD Operations (WA) Enterprise Agreement 2021

Storage services

DEPUTY PRESIDENT BEAUMONT

PERTH, 4 FEBRUARY 2022

Application for variation of the Metcash Trading Limited CSD Operations (WA) Enterprise Agreement 2021

  1. An application has been made for approval of a variation to the Metcash Trading Limited CSD Operations (WA) Enterprise Agreement 2021 (the Agreement). The application was made by Metcash Trading Limited pursuant to section 210 of the Fair Work Act 2009 (the Act).

  1. The application seeks to vary various clauses of the Agreement. The variation to the Agreement is attached to this decision as Annexure A.

  1. The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure B. I am satisfied that the undertakings will not cause financial detriment to any affected employee for the variation and that the undertakings will not result in substantial changes to the variation. The undertakings are taken to be a term of the Agreement.

  1. Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying declaration, I am satisfied that each of the requirements of ss.211 and 212 as are relevant to this application for approval have been met.

  1. 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 3 August 2021. As part of the variation, those undertakings no longer form part of the agreement.

  1. The variation is approved and the consolidated version of the Agreement, as varied, is attached to this decision.

  1. In accordance with s.216 of the Act, the variation operates from 4 February 2022.


DEPUTY PRESIDENT

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