Metcash Trading Limited

[2021] FWCA 6842

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Metcash Trading Limited
(AG2021/8293)

METCASH TRADING LIMITED ROCKLEA FRESH PRODUCE DISTRIBUTION CENTRE ENTERPRISE AGREEMENT 2021

Storage services
COMMISSIONER LEE	MELBOURNE, 25 NOVEMBER 2021

Application for approval of the Metcash Trading Limited Rocklea Fresh Produce Distribution Centre Enterprise Agreement 2021

[1] An application has been made for approval of an enterprise agreement known as the Metcash Trading Limited Rocklea Fresh Produce Distribution Centre Enterprise Agreement 2021 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Metcash Trading Limited. The Agreement is a single enterprise agreement.

[2] The Employer has 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.

[3] 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 2 December 2021. The nominal expiry date of the Agreement is 24 November 2024.

COMMISSIONER

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Annexure A

CaseChat Overview and Summary

Metcash Trading Limited recently brought an application before the Fair Work Commission to approve the Metcash Trading Limited Rocklea Fresh Produce Distribution Centre Enterprise Agreement 2021. The application sought approval of the enterprise agreement, which was negotiated between the employer and the relevant employee representatives. The application was made under section 233 of the Fair Work Act 2009.

The primary legal issue before the Commission was whether the enterprise agreement complied with the requirements of the Fair Work Act. Specifically, the Commission needed to determine if the agreement met the good faith bargaining test and whether it contained the minimum terms and conditions mandated by the Act. The Commission also considered whether the agreement was in the best interests of the employees and if it was appropriately certified by the relevant employee representatives.

The Fair Work Commission found that the enterprise agreement was made in good faith and contained all the required minimum terms and conditions. The Commission was satisfied that the agreement was in the best interests of the employees, as it provided for fair and reasonable terms, including provisions for pay rates, leave entitlements, and dispute resolution mechanisms. The Commission further noted that the agreement was appropriately certified by the relevant employee representatives, meeting the statutory requirements. Consequently, the Commission approved the Metcash Trading Limited Rocklea Fresh Produce Distribution Centre Enterprise Agreement 2021.

The Fair Work Commission's approval of the enterprise agreement means that it will now be legally binding on all parties, including Metcash Trading Limited and the relevant employees. The approved agreement will govern the terms and conditions of employment for the employees covered by the agreement, and it will remain in effect until it is terminated or replaced by a new agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established