Metcash Trading Limited

[2020] FWCA 2949

[2020] FWCA 2949

FAIR WORK COMMISSION

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.

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