DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Metcash Trading Limited
(AG2019/3887)

METCASH TRADING LIMITED HUNTINGWOOD ENTERPRISE AGREEMENT 2019

Storage services
COMMISSIONER WILSON	MELBOURNE, 20 JANUARY 2020

Application for approval of the Metcash Trading Limited Huntingwood Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Metcash Trading Limited Huntingwood 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 as are relevant to this application for approval have been met.

[4] The National Union of Workers 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 of the Act, will operate from 27 January 2020. The nominal expiry date of the Agreement is 17 August 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 Trading Limited Huntingwood Enterprise Agreement 2019. The applicant sought an approval of the agreement that would allow it to vary the terms and conditions of employment of certain of its employees. The application was opposed by the Retail and Fast Food Workers Union of Victoria, which claimed the agreement did not provide adequate protections for employees.

The primary legal issue for the Commission was whether the terms of the agreement were consistent with the provisions of the Fair Work Act 2009. The Commission considered the extent to which the agreement provided for fair and equitable terms and conditions of employment, including minimum rates of pay, hours of work and other entitlements. The Commission also considered whether the agreement provided for appropriate mechanisms for resolving disputes and whether it was consistent with relevant public policy objectives.

After considering the submissions of the parties, the Commission found that the agreement was consistent with the provisions of the Fair Work Act. The Commission noted that the agreement provided for fair and equitable terms and conditions of employment, including minimum rates of pay and reasonable hours of work. The Commission also found that the agreement provided for appropriate mechanisms for resolving disputes and was consistent with relevant public policy objectives. Accordingly, the Commission approved the agreement.

The Commission's decision provides guidance to employers and unions on the types of provisions that are likely to be considered acceptable in an enterprise agreement. The decision also highlights the importance of ensuring that enterprise agreements provide for fair and equitable terms and conditions of employment, as well as appropriate mechanisms for resolving disputes. The approval of the agreement will allow Metcash Trading Limited to vary the terms and conditions of employment of certain of its employees in accordance with the agreement.

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