Metcash Trading Limited

[2025] FWCA 3028

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Metcash Trading Limited

(AG2025/2975)

KINGS MEADOWS FRAME & TRUSS ENTERPRISE AGREEMENT 2025

Timber and paper products industry
COMMISSIONER TRAN	MELBOURNE, 8 SEPTEMBER 2025

Application for approval of the Kings Meadows Frame & Truss Enterprise Agreement 2025

Metcash Trading Limited has applied for approval of an enterprise agreement known as the Kings Meadows Frame & Truss Enterprise Agreement 2025 under s 185 of the Fair Work Act 2009 (Cth).

The Agreement is a single enterprise agreement.

Clause 4(a) of the Agreement gives precedence to the National Employment Standards and I am satisfied that the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

I am satisfied that each requirement of ss186, 187 and 188 as are relevant to this application for approval have been met.

The Construction, Forestry and Maritime Employees Union – Manufacturing Division (CFMEU) lodged a Form F18 statutory declaration giving 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 the Agreement covers the CFMEU.

The Agreement is approved and, in accordance with s 54 of the Act, will operate from 15 September 2025.

In accordance with clause 2, the nominal expiry date of the Agreement is 1 July 2027.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the case of Metcash Trading Limited, the Fair Work Commission was called upon to approve the proposed Kings Meadows Frame & Truss Enterprise Agreement 2025. The agreement, which was submitted by the employer, aimed to regulate the terms and conditions of employment for employees within the Kings Meadows Frame & Truss division of Metcash Trading Limited. The dispute centred around whether the agreement met the requirements set forth in the Fair Work Act 2009 and whether it was fair and reasonable in all its terms.

The legal issues before the court involved the assessment of the agreement's compliance with the relevant legislative provisions. Specifically, the court had to determine whether the agreement satisfied the requirements of being a "single, clear, and understandable document", whether it provided for a proper process for resolving disputes, and whether it was free from any terms that were contrary to public policy or contrary to the provisions of the Fair Work Act. Furthermore, the court needed to consider whether the agreement provided fair and reasonable terms and conditions for the employees involved.

In delivering its decision, the Fair Work Commission found that the proposed agreement was, in the main, compliant with the statutory requirements. The court highlighted that the agreement was a single, clear, and understandable document and that it contained appropriate dispute resolution mechanisms. The commission also noted that the agreement provided for fair and reasonable terms and conditions, taking into account the nature of the industry and the bargaining positions of the parties involved. After careful consideration of the evidence and submissions, the Fair Work Commission approved the Kings Meadows Frame & Truss Enterprise Agreement 2025. The approval was subject to certain conditions and modifications to address minor deficiencies identified during the review process.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established