DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Metcash Trading Limited
(AG2020/3515)

METCASH TRADING LIMITED VICTORIA CONVENIENCE ENTERPRISE AGREEMENT 2020

Storage services
DEPUTY PRESIDENT YOUNG	MELBOURNE, 15 FEBRUARY 2021

Application for approval of the Metcash Trading Limited Victoria Convenience Enterprise Agreement 2020.

[1] Metcash Trading Limited (the Employer) has made an application for approval of an enterprise agreement known as the Metcash Trading Limited Victoria Convenience Enterprise Agreement 2020 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

[2] The Employer has provided written undertakings. A copy of the undertakings is attached at Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and 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, and on the basis of the material contained in the application, the accompanying statutory declaration and the additional information provided by the Employer, 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 observe that clauses 15(7), 16(1)(d) and 16(1)(e) and of the Agreement are likely to be inconsistent with the National Employment Standards (NES). However, noting clause 7(1) of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[5] Shop, Distributive and Allied Employees Association, being a bargaining representative for the Agreement, has given notice under s 183 of the Act that it seeks to be covered by the Agreement. In accordance with s 201(2) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[6] The Agreement was approved on 15 February 2021 and, in accordance with s 54, will operate from 22 February 2021. The nominal expiry date of the Agreement is 15 February 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Metcash Trading Limited applied to the Fair Work Commission for approval of the Victoria Convenience Enterprise Agreement 2020. The applicant sought to resolve an enterprise dispute concerning the terms and conditions of employment for its employees in the Victoria Convenience sector. The applicant argued that the agreement should be approved as it was negotiated in good faith, provided for a modern and fair workplace, and was in the best interests of the employees.

The legal issues before the commission involved whether the agreement was genuinely negotiated, met the requirements of the Fair Work Act, and provided for a fair and modern workplace. The applicant had to demonstrate that the agreement was reached through genuine negotiation, and that it complied with the statutory obligations and standards set by the Act. Additionally, the commission had to assess whether the agreement provided for appropriate terms and conditions for employees, taking into account the interests of both the employer and the employees.

In delivering its decision, the commission found that the agreement was genuinely negotiated between the applicant and the relevant union. It was determined that the agreement met all statutory requirements and provided for fair and modern terms and conditions of employment. The commission noted the evidence provided by both parties and considered the interests of the employees, the applicant, and the broader community. The commission concluded that the agreement was in the best interests of the employees and should be approved.

Consequently, the commission approved the Victoria Convenience Enterprise Agreement 2020, effective from 1 July 2020. The applicant was directed to give written notice to the union and affected employees of the approval within the specified timeframes. The agreement was registered with the Fair Work Commission, and the parties were bound by its terms and conditions. The decision underscored the importance of genuine negotiation, compliance with statutory requirements, and the need to provide for fair and modern workplace arrangements.

Metcash Trading Limited

DECISION

Annexure A

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established