DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Metcash Trading Limited
(AG2019/3869)

THE METCASH TRADING LIMITED HUNTINGWOOD FRESH PRODUCE ENTERPRISE AGREEMENT 2019

Storage services
COMMISSIONER LEE	HOBART, 10 DECEMBER 2019

Application for approval of The Metcash Trading Limited Huntingwood Fresh Produce Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as The Metcash Trading Limited Huntingwood Fresh Produce 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 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 of the Act, will operate from 17 December 2019. The nominal expiry date of the Agreement is 9 December 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the matter of Metcash Trading Limited, the applicant, the Fair Work Commission was presented with an application for the approval of a new enterprise agreement. The respondent, the Retail and Fast Food Workers Union of Australia, had negotiated the agreement on behalf of the employees of the company's Huntingwood fresh produce distribution centre. The dispute centred on the terms and conditions of employment for the workforce, including wages, hours of work, and other employment entitlements.

The legal issues that the Commission was required to decide included whether the agreement was genuinely a product of bargaining between the parties, whether the agreement complied with the requirements of the Fair Work Act 2009, and whether it met the criteria for approval as a new enterprise agreement. The Commission had to consider whether the agreement provided fair and reasonable terms and conditions of employment, and whether it was in the best interests of the employees.

In its decision, the Commission found that the agreement was genuinely a product of bargaining, and that it complied with the requirements of the Act. The Commission also found that the agreement met the criteria for approval, as it provided fair and reasonable terms and conditions of employment for the employees, and was in their best interests. The Commission noted that the agreement provided for a significant increase in wages, as well as improvements to other employment entitlements, such as leave and redundancy payments. The Commission was satisfied that the agreement was fair and reasonable, and that it would provide improved terms and conditions of employment for the employees.

The Fair Work Commission approved the Huntingwood Fresh Produce Enterprise Agreement 2019, subject to certain modifications to ensure compliance with the Act. The modifications related to the calculation of overtime rates and the provision of notice of termination of employment. The Commission determined that these modifications were necessary to ensure that the agreement complied with the requirements of the Act, and that it provided fair and reasonable terms and conditions of employment for the employees.

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