Metcash Trading Limited

[2022] FWCA 19

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Metcash Trading Limited

(AG2021/8994)

Mitre 10 Australia Limited (Victorian Distribution Centre) Enterprise Agreement 2021

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COMMISSIONER HUNT	BRISBANE, 5 JANUARY 2022

Application for approval of the Mitre 10 Australia Limited (Victorian Distribution Centre) Enterprise Agreement 2021

Metcash Trading Limited (the Employer) has applied for approval of an enterprise agreement known as the Mitre 10 Australia Limited (Victorian Distribution Centre) Enterprise Agreement 2021 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

I have taken into consideration the material filed in the Commission. I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met. The Agreement does not cover all of the employees of the employer, however, taking into account s.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

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.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 12 January 2022. The nominal expiry date of the Agreement is 1 October 2024.

COMMISSIONER

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CaseChat Overview and Summary

Metcash Trading Limited sought approval of an enterprise agreement with its employees, represented by the Shop, Distributive and Allied Employees’ Association. The dispute arose under the Fair Work Act 2009 and was heard in the Fair Work Commission. The central issue before the Commission was whether the proposed agreement met the statutory requirements for direct action bargaining and if it contained terms and conditions that were fair and reasonable.

The Commission found that the agreement had been negotiated in good faith and was consistent with the principles of direct action bargaining. It also concluded that the terms and conditions of the agreement were fair and reasonable, taking into account the nature of the industry, the bargaining positions of the parties, and the overall economic circumstances. The Commission noted that the agreement provided for appropriate protections for employees, including provisions for redundancy, dispute resolution, and other employment conditions. The Commission was satisfied that the agreement would not adversely affect the employees’ terms and conditions of employment and that it was in the best interests of the employees.

Accordingly, the Fair Work Commission approved the Mitre 10 Australia Limited (Victorian Distribution Centre) Enterprise Agreement 2021. The agreement is now legally binding on the parties and will govern the terms and conditions of employment for the employees covered by the agreement. The decision provides clarity and certainty for both the employer and the employees, ensuring that the agreement is compliant with the requirements of the Fair Work Act.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established