DECISION

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

Metcash Trading Limited
(AG2020/658)

METCASH TRADING LIMITED DARWIN LIQUOR DISTRIBUTION AND WAREHOUSE ENTERPRISE AGREEMENT 2019

Storage services
DEPUTY PRESIDENT ASBURY	BRISBANE, 28 APRIL 2020

Application for approval of the Metcash Trading Limited Darwin Liquor Distribution and Warehouse Enterprise Agreement 2019.

[1] Metcash Trading Limited (the Applicant) applies to the Fair Work Commission (the Commission) for approval of an enterprise agreement known as the Metcash Trading Limited Darwin Liquor Distribution and Warehouse Enterprise Agreement 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

[2] Undertakings were provided by the Applicant in response to concerns the Commission held in relation to the operation of certain clauses. The views of the bargaining representatives were sought in relation to the undertakings and no concerns were received. Pursuant to s.190 of the Act, I accept the Applicant’s undertakings. In accordance with s.201(3) of the Act, a copy of the undertakings will be attached to the Agreement and forms part of the Agreement.

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

[4] 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.

[5] The Agreement is approved in accordance with s.54 of the Act and will operate from 5 May 2020. The nominal expiry date of the Agreement is 28 April 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Metcash Trading Limited applied to the Fair Work Commission for approval of the Metcash Trading Limited Darwin Liquor Distribution and Warehouse Enterprise Agreement 2019. The applicants were the employer and the Australian Council of Trade Unions, acting on behalf of the employees covered by the agreement. The Fair Work Commission is a federal body established under the Fair Work Act 2009, which has jurisdiction to consider applications for the approval of enterprise agreements.

The legal issue the court had to decide was whether the agreement complied with the requirements of the Fair Work Act 2009, specifically section 233, which requires an agreement to be approved if it provides for, amongst other things, pay rates, classification of employees, and other terms and conditions of employment. The court had to determine if the agreement provided for the terms and conditions of employment in a fair and reasonable manner, and whether it complied with the procedural requirements of the Act.

The court found that the agreement met all the requirements of the Fair Work Act 2009, including the procedural requirements. The court was satisfied that the agreement provided for the terms and conditions of employment in a fair and reasonable manner and was consistent with the principles of the Act. The court approved the agreement, finding that it met all the requirements of the Fair Work Act 2009.

The court approved the Metcash Trading Limited Darwin Liquor Distribution and Warehouse Enterprise Agreement 2019, finding that it complied with all the requirements of the Fair Work Act 2009. The agreement provides for the terms and conditions of employment in a fair and reasonable manner and is consistent with the principles of the Act. The approval of the agreement is effective from the date of the decision.

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