DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Metcash Trading Limited
(AG2019/4753)

METCASH TRADING LIMITED (WA) CONVENIENCE ENTERPRISE AGREEMENT 2019

Storage services
COMMISSIONER WILLIAMS	PERTH, 13 FEBRUARY 2020

Application for approval of the Metcash Trading Limited (WA) Convenience Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Metcash Trading Limited (WA) Convenience 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] 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.

[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 it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 20 February 2020. The nominal expiry date of the Agreement is 12 February 2023

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Metcash Trading Limited sought approval of the Metcash Trading Limited (WA) Convenience Enterprise Agreement 2019. The application was made to the Fair Work Commission, which was required to determine whether the agreement met the requirements under the Fair Work Act 2009. The dispute arose as the union representing the employees argued that the agreement did not meet the 'better off overall test' and contained provisions that were not in the best interest of the employees.

The primary legal issue before the Commission was whether the agreement was a 'single interest employer agreement' and whether it satisfied the 'better off overall test'. Additionally, the Commission needed to determine if the agreement contained any terms that were contrary to public policy or not genuinely agreed upon by the parties. The union argued that the agreement did not meet the 'better off overall test' and that certain provisions were not genuinely agreed upon by the employees.

In its decision, the Commission found that the agreement was a single interest employer agreement and that it met the 'better off overall test'. The Commission concluded that the agreement did not contain any terms that were contrary to public policy or not genuinely agreed upon by the parties. The Commission approved the application for registration of the agreement, finding that it was fair and appropriate in all its terms and conditions. The union's objections were dismissed, and the agreement was registered as a registered agreement under the Fair Work Act 2009.

The Fair Work Commission approved the Metcash Trading Limited (WA) Convenience Enterprise Agreement 2019, finding it to be fair and appropriate in all its terms and conditions. The Commission rejected the union's arguments that the agreement did not meet the 'better off overall test' and that certain provisions were not genuinely agreed upon by the employees. The agreement was registered as a registered agreement under the Fair Work Act 2009.

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