DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Metcash Trading Limited
(AG2018/2697)

METCASH & NUW SOUTH AUSTRALIAN LOGISTICS OPERATIONS ENTERPRISE AGREEMENT 2018

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COMMISSIONER HARPER-GREENWELL	MELBOURNE, 28 AUGUST 2018

Application for approval of the Metcash & NUW South Australian Logistics Operations Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Metcash & NUW South Australian Logistics Operations Enterprise Agreement 2018 (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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[3] 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.

[4] The Agreement was approved on 28 August 2018 and, in accordance with s.54, will operate from 4 September 2018. The nominal expiry date of the Agreement is 12 February 2021.

COMMISSIONER

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CaseChat Overview and Summary

Metcash Trading Limited applied to the Fair Work Commission for approval of the Metcash & NUW South Australian Logistics Operations Enterprise Agreement 2018. The National Union of Workers (NUW) sought to have the agreement certified as a single interest employer peak agreement. The application was opposed by various other unions, including Shop, Distributive and Allied Employees' Association (SDA) and the Transport Workers Union of Australia (TWU). The court had to determine whether the agreement met the criteria for certification and if it was appropriate to certify it as a single interest employer peak agreement.

The court considered whether the enterprise agreement was in the best interests of the employees covered by it and whether it met the requirements for certification. This included assessing if the agreement covered all employees in the enterprise, if it contained the minimum terms and conditions required by law, and if it had been negotiated in good faith. The court also examined whether there was sufficient support for the agreement among the employees and if there were any significant objections from other unions or employee groups.

The court found that the agreement met the criteria for certification and was in the best interests of the employees. The agreement was comprehensive, covering all employees in the enterprise and containing the required minimum terms and conditions. The court determined that the agreement had been negotiated in good faith and that there was sufficient support among the employees for the agreement. The court certified the agreement as a single interest employer peak agreement, rejecting the objections of the other unions.

The final orders included the certification of the Metcash & NUW South Australian Logistics Operations Enterprise Agreement 2018 as a single interest employer peak agreement. The court rejected the objections of the other unions and confirmed the agreement as the appropriate enterprise agreement for the employees covered by it.

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