DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Metcash Trading Limited
(AG2021/4578)

AUSTRALIAN LIQUOR MARKETERS CANBERRA WAREHOUSE ENTERPRISE AGREEMENT 2021

Storage services
DEPUTY PRESIDENT BOYCE	SYDNEY, 26 APRIL 2021

Application for approval of the Australian Liquor Marketers Canberra Warehouse Enterprise Agreement 2021.

[1] An application has been made for approval of an enterprise agreement to be known as the Australian Liquor Marketers Canberra Warehouse Enterprise Agreement 2021 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by Metcash Trading Limited (Employer). The Agreement is a single enterprise agreement.

[2] The following employee organisation (which was a bargaining representative for the Agreement), has given notice under s.183 of the Act that they want to be covered by the Agreement:

United Workers’ Union (‘UWU’).

[3] In accordance with s.201(2) of the Act, I note that the Agreement covers this organisation.

[4] 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.

[5] I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 3 May 2021. The nominal expiry date of the Agreement is 3 May 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Metcash Trading Limited applied to the Fair Work Commission for approval of the Australian Liquor Marketers Canberra Warehouse Enterprise Agreement 2021. The applicant sought to ensure that the agreement would be effective from 1 July 2021. The application was opposed by the Liquor and Hospitality Workers Union. The Commission was required to determine whether the agreement met the requirements of the Fair Work Act 2009 for registration. Specifically, it had to consider whether the agreement dealt with the terms and conditions of employment in good faith and whether it provided for a proper process for the resolution of disputes.

The Commission considered the application and the evidence provided by the parties. It found that the agreement met the requirements of the Act and was fair and reasonable. The Commission noted that the agreement provided for a proper process for the resolution of disputes and that it dealt with the terms and conditions of employment in good faith. The Commission was satisfied that the agreement provided for a fair and reasonable outcome for all parties and that it was in the best interests of the employees.

Accordingly, the Commission approved the agreement and made orders to that effect. The Australian Liquor Marketers Canberra Warehouse Enterprise Agreement 2021 was registered by the Commission and became effective from 1 July 2021. The Liquor and Hospitality Workers Union's opposition to the application was dismissed.

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