DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Metcash Trading Limited
(AG2021/5436)

METCASH TRADING LIMITED SOUTH AUSTRALIA LIQUOR ENTERPRISE AGREEMENT 2021

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COMMISSIONER PLATT	ADELAIDE, 11 JUNE 2021

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

[1] An application has been made for approval of an enterprise agreement known as the Metcash Trading Limited South Australia Liquor Enterprise Agreement 2021 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act) by Metcash Trading Limited (the Applicant). The agreement is a single enterprise agreement.

[2] The matter was allocated to my Chambers on 7 June 2021.

[3] On 9 June 2021, I conducted a telephone conference with the parties to seek clarification about aspects of the Agreement and invited the Applicant to address these matters including through the provision of an undertaking.

[4] The Applicant has submitted an undertaking in the required form dated 10 June 2021. The undertaking deals with the following topics:

• The on-commencement wage rates set out in clause 5.3.2 of the Agreement apply at test time.

• Casual employees will be paid a loading of 25% on top of the ordinary rate, and the casual loading will be received in lieu of any shift loading and will not be payable for work performed on public holidays or overtime.

• When taking personal leave, an employee must inform the employer of their inability to attend work as soon as practicable, which may be a time after the leave has started.

• The definition of immediate family member has been expanded in scope and as such includes, but is not limited to, a spouse, de facto partner, child, parent, grandparent, grandchild or sibling of the employee; or a child, parent, grandparent, grandchild or sibling of a spouse or de facto partner of the employee.

[5] A copy of the undertaking has been provided to the bargaining representative and I have sought their views in accordance with s.190(4) of the Act. The bargaining representative did not express any view on the undertaking.

[6] 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.

[7] The Shop, Distributive and Allied Employees Association (SDA), 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 this organisation.

[8] 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.

[9] 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 27 February 2022.

COMMISSIONER

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Metcash Trading Limited recently approached the Fair Work Commission to seek approval of the South Australia Liquor Enterprise Agreement 2021. The company is a major supermarket operator, and the agreement in question pertains to the terms and conditions of employment for its liquor retail employees in South Australia. The application for approval was contested by the Liquor and Hospitality Workers Union of South Australia and Victoria. The union argued that the proposed agreement did not adequately address several critical employment issues, including pay rates, working conditions, and job security.

The key legal issues before the commission included whether the agreement met the statutory requirements under the Fair Work Act 2009, particularly in terms of ensuring the fair treatment of employees and providing adequate mechanisms for resolving disputes. The commission also needed to consider whether the agreement provided for fair and reasonable terms and conditions, including pay rates and conditions that reflected the employees' needs and the economic circumstances of the industry.

In its decision, the commission determined that the proposed agreement met the statutory requirements and provided for fair and reasonable terms and conditions for the employees. The commission found that the agreement adequately addressed the issues raised by the union, including pay rates, working conditions, and job security. The commission was satisfied that the agreement provided for a fair and reasonable mechanism for resolving disputes and that it met the statutory requirements for approval. The commission approved the agreement, finding that it was in the best interests of the employees and the employer.

Metcash Trading Limited

DECISION

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