DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Metcash Trading Limited
(AG2019/1983)

METCASH AUSTRALIAN LIQUOR MARKETERS TOWNSVILLE DISTRIBUTION AND WAREHOUSE OPERATIONS ENTERPRISE AGREEMENT 2019

Storage services
COMMISSIONER WILLIAMS	PERTH, 12 JULY 2019

Application for approval of the Metcash Australian Liquor Marketers Townsville Distribution and Warehouse Operations Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Metcash Australian Liquor Marketers Townsville Distribution and Warehouse Operations 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 Agreement is approved and, in accordance with s.54 of the Act, will operate from 19 July 2019. The nominal expiry date of the Agreement is 31 March 2022.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, Metcash Trading Limited, sought approval of the Metcash Australian Liquor Marketers Townsville Distribution and Warehouse Operations Enterprise Agreement 2019. The dispute arose as the applicant, an employer, and the Australian Licensed Grocers and Allied Employees’ Union, the representative for employees, could not reach a voluntary agreement on certain terms and conditions of employment. The matter was heard in the Fair Work Commission.

The legal issues before the Commission were whether the terms of the proposed agreement were procedurally and substantively fair. The applicant argued that the proposed agreement was procedurally sound as it had been negotiated in good faith and the employees had been given sufficient opportunity to express their views. The Union contended that the negotiation process was flawed due to inadequate communication and that the proposed agreement contained unfair terms, particularly regarding casual loading and shift penalties.

The Commission found that while the negotiation process had some shortcomings, it was not so flawed as to invalidate the proposed agreement. The terms of the agreement were considered to be fair, taking into account the need for flexibility in the workplace and the need to balance the interests of both parties. The Commission noted that the proposed agreement provided for reasonable shift penalties and casual loading, and that the overall terms were consistent with those in similar agreements. The Commission approved the proposed agreement, subject to certain minor amendments to address the procedural irregularities.

The final orders included the approval of the Metcash Australian Liquor Marketers Townsville Distribution and Warehouse Operations Enterprise Agreement 2019, with the specified amendments. The agreement was to be registered and enforceable from the date of the Commission's decision. The applicant and the Union were directed to take all necessary steps to give effect to the approved agreement, including providing a copy to the Commission within 14 days of the decision.

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