DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Metcash Trading Limited
(AG2021/5510)

MITRE 10 AUSTRALIA LIMITED (QUEENSLAND) ENTERPRISE AGREEMENT 2021

Storage services
DEPUTY PRESIDENT MASSON	MELBOURNE, 24 JUNE 2021

Application for approval of the Mitre 10 Australia Limited (Queensland) Enterprise Agreement 2021.

[1] An application has been made for approval of an enterprise agreement known as the Mitre 10 Australia Limited (Queensland) 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] I note that clause 20 may be inconsistent with the National Employment Standards. Given the National Employment Standards precedence clause at clause 4(a) of the Agreement, I am satisfied that the more beneficial entitlements of the NES will prevail.

[5] The United Workers Union 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) I note that the Agreement covers the organisation.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 1 July 2021. The nominal expiry date of the Agreement is 23 June 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Metcash Trading Limited sought approval of the Mitre 10 Australia Limited (Queensland) Enterprise Agreement 2021 from the Fair Work Commission. The applicant, a leading Australian wholesaler and retailer, aimed to establish terms and conditions of employment for its employees, who are members of the Retail and Fast Food Workers Union. The union opposed the application on several grounds, including inadequate provisions for employee health and safety and insufficient procedural fairness in handling employee grievances. The court was tasked with determining whether the proposed agreement met the legal requirements for approval under the Fair Work Act 2009.

The central legal issues revolved around the agreement's compliance with the Fair Work Act and the Fair Work Regulations 2009. Specifically, the court needed to consider whether the agreement provided for minimum entitlements, complied with the good faith bargaining obligations, and included appropriate mechanisms for resolving disputes. The union argued that the agreement failed to meet these criteria, particularly regarding the health and safety provisions and the dispute resolution process. The applicant contended that the agreement was fair and reasonable, meeting all statutory requirements.

In its decision, the commission found that the agreement substantially complied with the legal requirements. While acknowledging the union's concerns, the commission determined that the provisions for health and safety were adequate and that the dispute resolution mechanisms were sufficient. The commission noted that the agreement provided for a fair and reasonable process to address employee grievances and that the overall terms and conditions were consistent with the statutory standards. Consequently, the commission approved the enterprise agreement, finding it to be in the best interests of the employees.

The final orders of the commission included the approval of the Mitre 10 Australia Limited (Queensland) Enterprise Agreement 2021, with specific directions to the parties regarding the implementation of the agreement. The commission directed that the agreement would commence on a specified date, subject to any further orders that might be made. The union was given a period to appeal the decision, while the applicant was instructed to ensure compliance with the approved terms and conditions.

Metcash Trading Limited

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established