DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Metcash Trading Limited
(AG2019/4830)

METCASH IGA DISTRIBUTION VICTORIA ENTERPRISE AGREEMENT 2019

Retail industry
COMMISSIONER YILMAZ	MELBOURNE, 31 MARCH 2020

Application for approval of the Metcash IGA Distribution Victoria Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Metcash IGA Distribution Victoria Enterprise Agreement 2019 (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] The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the Agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 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.

[4] The United Workers Union 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 7 April 2020. The nominal expiry date of the Agreement is 30 March 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Metcash Trading Limited applied to the Fair Work Commission for approval of the Metcash IGA Distribution Victoria Enterprise Agreement 2019. The application arose from the need to formalise the employment terms and conditions between Metcash and its employees in Victoria who are part of the IGA Distribution workforce. The commission had to determine whether the agreement complied with the relevant legislative requirements under the Fair Work Act 2009.

The primary legal issues involved assessing the agreement's compliance with sections of the Act, including whether the agreement was genuinely negotiated, covered all mandatory bargaining items, and provided fair terms and conditions for employees. The commission had to consider submissions from both parties and evaluate the agreement against statutory criteria.

The Fair Work Commission found that the agreement met the necessary requirements. The commission noted that the agreement was the product of genuine negotiations and contained all mandatory bargaining items. It was determined that the terms were fair and reasonable for both parties, including provisions for wages, hours of work, leave entitlements, and other employment conditions. The commission concluded that the agreement was compliant with the Fair Work Act and approved it.

The Fair Work Commission's decision was that the Metcash IGA Distribution Victoria Enterprise Agreement 2019 was approved and should be registered. This approval ensured that the agreement would legally govern the employment terms and conditions of the relevant employees, providing a clear framework for their working relationship with Metcash.

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