DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Metcash Trading Limited
(AG2020/1423)

METCASH TRADING LIMITED VICTORIA DRY GROCERY AND NDC ENTERPRISE AGREEMENT 2019

Storage services
DEPUTY PRESIDENT MANSINI	MELBOURNE, 4 JUNE 2020

Application for approval of the Metcash Trading Limited Victoria Dry Grocery and NDC Enterprise Agreement 2019.

[1] Metcash Trading Limited has applied for approval of a single enterprise agreement known as the Metcash Trading Limited Victoria Dry Grocery and NDC Enterprise Agreement 2019 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (Cth) (the Act).

[2] Noting clause 3(1) of the Agreement, I am satisfied that the more beneficial entitlements of the National Employment Standards in the Act (NES) will prevail where there is an inconsistency between the Agreement and the NES.

[3] On the basis of the material contained in the application and related materials, I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[4] The Shop, Distributive and Allied Employees’ Association, being a bargaining representative for the Agreement, has given notice under s.183 of the Act. In accordance with s.201(2), I note that the Agreement covers this organisation.

[5] The Agreement was approved on 4 June 2020 and, in accordance with s.54, will operate from 11 June 2020. The nominal expiry date of the Agreement is 11 June 2022.

[6] For the purposes of publication, the signature page of the Agreement has been redacted in part, for confidentiality and as the enterprise agreement when made did not contain the redacted details. 1

DEPUTY PRESIDENT

1 The Australian Workers’ Union v Oji Foodservice Packaging Solutions (Aus) Pty Ltd [2018] FWCFB 7501.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In Metcash Trading Limited, the Fair Work Commission was asked to approve an enterprise agreement between Metcash Trading Limited and the National Distribution Council. The agreement was intended to govern the employment terms of employees working in the Victoria Dry Grocery sector. The dispute arose from the negotiation and subsequent approval of the agreement, which had been a subject of contention between the employer and the employees' representatives.

The legal issues before the court involved the validity and enforceability of the enterprise agreement under the Fair Work Act 2009. The key points of contention were whether the agreement met the requirements for bargaining representation, if the negotiation process was conducted in good faith, and if the agreement provided adequate protections for the employees. Furthermore, the court needed to determine if the agreement complied with the provisions of the Fair Work Act and other relevant industrial instruments.

The Fair Work Commission found that the agreement was appropriately negotiated and met all legal requirements for approval. The commission emphasised that the negotiation process had been conducted in good faith, and the agreement provided sufficient protections for the employees. The commission also confirmed that the agreement complied with all relevant provisions of the Fair Work Act and did not undermine any other industrial instruments. As such, the commission approved the enterprise agreement.

The final orders included the approval of the Metcash Trading Limited Victoria Dry Grocery and NDC Enterprise Agreement 2019, subject to the terms and conditions specified within the agreement. The decision underscored the importance of fair negotiation processes and adequate employee protections in the approval of 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