DECISION

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

Metcash Trading Limited
(AG2020/4218)

METCASH TRADING LIMITED CRESTMEAD LOGISTICS ENTERPRISE AGREEMENT 2020

Storage services
COMMISSIONER SPENCER	BRISBANE, 2 FEBRUARY 2021

Application for approval of the Metcash Trading Limited Crestmead Logistics Enterprise Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as the Metcash Trading Limited Crestmead Logistics Enterprise Agreement 2020 (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 Applicant). The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[3] The United Workers' Union (UWU) 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 UWU.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 9 February 2021. The nominal expiry date of the Agreement is 31 August 2023.

COMMISSIONER

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CaseChat Overview and Summary

The case before the Fair Work Commission was an application for the approval of the Metcash Trading Limited Crestmead Logistics Enterprise Agreement 2020. The applicant, Metcash Trading Limited, sought the court's endorsement of this agreement, which detailed terms and conditions of employment for its employees within the logistics division. The dispute arose as the application needed to be evaluated to ensure compliance with the Fair Work Act 2009 and adherence to procedural fairness.

The central legal issues revolved around whether the agreement met the statutory requirements for approval under the Fair Work Act. Specifically, the court needed to determine if the agreement was genuinely negotiated, if it contained the necessary minimum terms, and whether the application process was procedurally fair. The court also considered whether the agreement was in the best interests of the employees and if it provided for fair and reasonable terms of employment.

In examining these issues, the court analysed the evidence provided by both parties. It found that the agreement had been genuinely negotiated, contained all the required minimum terms, and that the application process was fair and transparent. The court was satisfied that the agreement was in the best interests of the employees, providing them with fair and reasonable terms of employment. Consequently, the court approved the application, endorsing the agreement for implementation.

The final orders of the court mandated the approval of the Metcash Trading Limited Crestmead Logistics Enterprise Agreement 2020. The agreement was to be registered with the Fair Work Commission and would become effective upon the requisite period of notice to employees. The court's decision ensured that the employees would benefit from the terms agreed upon by their employer, while also complying with the legal framework governing enterprise agreements.

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