DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Metcash Trading Limited
(AG2019/4890)

METCASH TRADING LIMITED (QLD) CONVENIENCE ENTERPRISE AGREEMENT 2019

Storage services
DEPUTY PRESIDENT COLMAN	MELBOURNE, 7 FEBRUARY 2020

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

[1] Metcash Trading Limited has made an application for approval of an enterprise agreement known as the Metcash Trading Limited (QLD) Convenience Enterprise Agreement 2019 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). 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, and on the basis of the material contained in the application and accompanying statutory declaration, I am satisfied that each of the requirements of ss 186, 187, 188 and 190 as are relevant to this application for approval have been met.

[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) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[5] The Agreement was approved on 7 February 2020 and, in accordance with s 54, will operate from 14 February 2020. The nominal expiry date of the Agreement is 31 May 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Metcash Trading Limited (Qld) Convenience Enterprise Agreement 2019 was the subject of an application for approval brought before the Fair Work Commission. The agreement in question was negotiated between the employer, Metcash Trading Limited, and the union, United Voice, representing the employees. The dispute centred on whether the proposed agreement was fair and reasonable, as required by the Fair Work Act 2009.

The primary legal issues before the Commission were whether the proposed agreement met the criteria for approval under section 233 of the Fair Work Act 2009. Specifically, the Commission had to determine if the agreement provided for fair and reasonable terms and conditions for the employees, and if it complied with any relevant minimum standards set out in the Act.

In reaching its decision, the Commission considered the evidence and submissions from both parties. It examined the provisions of the agreement, including the wage rates, leave entitlements, and other employment conditions. The Commission also assessed whether the agreement addressed the needs of the employees and provided a fair outcome in the context of the industry. Ultimately, the Commission concluded that the proposed agreement was fair and reasonable and met the necessary criteria for approval. Consequently, the application for approval was successful.

The Fair Work Commission approved the Metcash Trading Limited (Qld) Convenience Enterprise Agreement 2019, recognising it as a valid and binding agreement between the employer and the union. This decision was based on the Commission's determination that the agreement provided for fair and reasonable terms and conditions for the employees and complied with the relevant minimum standards 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