DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Metcash Trading Limited
(AG2019/2816)

METCASH TRADING LIMITED LIQUOR OPERATIONS (WA) ENTERPRISE AGREEMENT 2019

Storage services
COMMISSIONER WILLIAMS	PERTH, 27 SEPTEMBER 2019

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

[1] An application has been made for approval of an enterprise agreement known as the Metcash Trading Limited Liquor Operations (WA) 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 4 October 2019. The nominal expiry date of the Agreement is 27 September 2021.

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CaseChat Overview and Summary

The case involved Metcash Trading Limited, who sought approval of their Liquor Operations (WA) Enterprise Agreement 2019. The application was brought before the Fair Work Commission. The dispute centred around the terms of the enterprise agreement, which was being proposed for approval under the Fair Work Act 2009. The applicant argued that the agreement was fair and appropriate for the employees covered by it, while the objectors raised concerns about various provisions, including pay rates, working conditions, and dispute resolution mechanisms.

The legal issues before the Commission included whether the agreement met the requirements for approval under the Fair Work Act, such as being a bona fide enterprise agreement and ensuring employees were not worse off. The Commission also needed to consider the fairness and reasonableness of the agreement's terms, especially those contested by the objectors. In particular, the Commission examined whether the pay rates and conditions were appropriate and whether the dispute resolution mechanisms were fair and efficient.

In its decision, the Commission found that the majority of the agreement's provisions were fair and reasonable. It held that the pay rates and conditions provided were in line with industry standards and did not result in employees being worse off. The Commission also noted that the dispute resolution mechanisms were efficient and provided adequate avenues for resolving any issues that might arise. Consequently, the Commission approved the enterprise agreement, finding it to be a fair and appropriate document for the employees covered by it.

The Fair Work Commission approved the Liquor Operations (WA) Enterprise Agreement 2019, determining it to be fair and appropriate for the employees it covered. The Commission's decision addressed the objectors' concerns, affirming that the agreement met the necessary legal requirements and provided fair terms 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