DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Metcash Trading Limited
(AG2020/2092)

METCASH AUSTRALIAN LIQUOR MARKETERS LAVERTON ENTERPRISE AGREEMENT 2020

Storage services
COMMISSIONER YILMAZ	MELBOURNE, 5 AUGUST 2020

Application for approval of the Metcash Australian Liquor Marketers Laverton Enterprise Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as the Metcash Australian Liquor Marketers Laverton 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 Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 are relevant to this application for approval and have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in ss.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[3] I observe that clause 23 (e) of the Agreement in relation to substitution of public holidays is likely to be inconsistent with the National Employment Standards (NES). However, noting clause 3 (b) 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.

[4] The Shop, Distributive and Allied Employees Association 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 organisation.

[5] The Agreement is approved and in accordance with s.54, will operate from 12 August 2020. The nominal expiry date of the Agreement is 12 August 2023.

COMMISSIONER

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CaseChat Overview and Summary

Metcash Trading Limited applied to the Fair Work Commission for approval of the Metcash Australian Liquor Marketers Laverton Enterprise Agreement 2020. The Fair Work Commission was required to decide whether the agreement met the requirements of the Fair Work Act 2009, including being in the best interests of the employees and not being contrary to public policy. The dispute involved whether certain provisions of the agreement, specifically those concerning rostering and leave entitlements, complied with the Act.

The Commission considered the submissions from both parties and examined the agreement's provisions. It found that the agreement was generally fair and reasonable, and it did not contravene any statutory provisions. The Commission noted that the agreement provided for a fair balance of rights and obligations between the employer and employees, and it did not adversely affect the employees' rights or interests. The Commission also found that the agreement did not conflict with public policy or any other legal requirements.

In conclusion, the Fair Work Commission approved the Metcash Australian Liquor Marketers Laverton Enterprise Agreement 2020, finding that it met the requirements of the Fair Work Act 2009. The Commission considered the agreement to be fair and reasonable, and it did not contravene any statutory provisions. The agreement was approved, and it will now be in effect for the relevant employees.

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