Metcash Trading Limited

[2021] FWCA 4382

[2021] FWCA 4382

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Metcash Trading Limited
(AG2021/6136)

METCASH TRADING LIMITED SOUTH AUSTRALIA FOOD ENTERPRISE AGREEMENT 2021

Storage services
COMMISSIONER PLATT	ADELAIDE, 22 JULY 2021

Application for approval of the Metcash Trading Limited South Australia Food Enterprise Agreement 2021.

[1] An application was made on 9 July 2021 by Metcash Trading Limited (Metcash) for approval of an enterprise agreement known as the Metcash Trading Limited South Australia Food Enterprise Agreement 2021 (the Agreement). The application was made pursuant to section 185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

[2] On 21 July I conducted a telephone conference with the parties to seek clarification about aspects of the Agreement. I invited Metcash to address these matters including through the provision of an undertaking.

Undertaking

[3] On 21 July 2021 Metcash submitted a signed undertaking, the relevant parts of which are set out below:

“•  for the purpose of section 193(6) of the Act, the on commencement wage rates set out in clause 5.2 of the Agreement apply at test time.

•  Strike out clause 2.1.3(e) and replace it with the following:

Casual employees shall receive the casual loading in lieu of the afternoon shift loading when work is performed on afternoon shift. Casual employees shall not receive the casual loading when work is performed on night shift or public holidays or when overtime is worked and the casual employee shall be paid at the same rate as a permanent employee for any such work.

•  Strike out clause 4.4.2(b) and replace it with the following

In the case of Personal Leave being accessed for Carer’s leave, the employee shall wherever practicable give the Company notice prior to the absence of the intention to take leave, the relationship of the person who require care to the employee, the reasons for taking such leave and the estimated length of absence. If it is not practicable for the employee to give prior notice of the absence, the employee shall notify the Company as soon as reasonably practicable.

•  Insert the following as clause 3.1.4(d)

Any work performed by night shift employees between the hours 5:00am and 8:30am shall be paid overtime rates in accordance with clause 3.4.1.

[4] A copy of the undertaking has been provided to the bargaining representatives and I have sought their views in accordance with s.190(4) of the Act. The bargaining representatives that responded, supported the undertaking.

[5] The undertaking appears to meet the requirements of s.190(3) of the Act and I have accepted it. As a result, the undertakings are taken to be a term of the Agreement.

Union covered

[1] The United Workers Union and the Shop, Distributive and Allied Employees Union, 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) of the Act I note that the Agreement covers these organisations.

Approval

[2] I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act as are relevant to this application for approval have been met.

[3] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 days after the date of approval of the Agreement. The nominal expiry date is 12 February 2023.

COMMISSIONER

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