Metcash Trading Limited Summary

[2025] FWCA 851

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Metcash Trading Limited

(AG2025/269)

METCASH TRADING LIMITED VICTORIA CONVENIENCE ENTERPRISE AGREEMENT 2024

Storage services
COMMISSIONER YILMAZ	MELBOURNE, 7 MARCH 2025

Application for approval of the Metcash Trading Limited Victoria Convenience Enterprise Agreement 2024

An application has been made for approval of an enterprise agreement known as the Metcash Trading Limited Victoria Convenience Enterprise Agreement 2024 (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.

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.

Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188, 193 and 193A 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 ss.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

I note that the Notice of Employee Representational Rights (NERR) was not provided in the correct form. An older version of the NERR was provided. However, I am satisfied that this constitutes a minor procedural or technical error, that the employees were not likely to have been disadvantaged by the error, and the error may be disregarded pursuant to s.188(5) of the Act.

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.

The Agreement is approved and in accordance with s.54, will operate from 14 March 2025. The nominal expiry date of the Agreement is 30 June 2027.

COMMISSIONER

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Annexure A

CaseChat Overview and Summary

Metcash Trading Limited applied for the approval of the Metcash Trading Limited Victoria Convenience Enterprise Agreement 2024, with the Fair Work Commission (FWC) presiding over the matter. The application pertains to the terms and conditions of employment for the employees of Metcash Trading Limited, specifically those within the Victoria convenience sector. The FWC was tasked with determining whether the agreement met the necessary criteria for approval under the Fair Work Act 2009.

The central legal issues before the FWC involved assessing whether the enterprise agreement satisfied the requirements set out in the Fair Work Act. These requirements included ensuring that the agreement was made in good faith, provided for a fair and efficient workplace, and contained provisions that adhered to the Fair Work (Registered Organisations) Act 2009. The FWC also had to consider whether the agreement adequately addressed the needs of the employees and whether any provisions unfairly disadvantaged a particular group of employees.

In reaching its decision, the FWC examined the submissions from both parties, including evidence and arguments presented regarding the good faith of the agreement, its provisions, and the process through which it was negotiated. The FWC concluded that the agreement met all the necessary legislative criteria. It was made in good faith, contained fair and efficient terms, and adhered to the relevant legislative requirements. The FWC found that the agreement was balanced, taking into consideration the needs of both the employees and the employer. The FWC approved the enterprise agreement, noting that it provided a fair and reasonable framework for the employment relationship within the specified sector.

The FWC's decision approved the Metcash Trading Limited Victoria Convenience Enterprise Agreement 2024, effective from the date of the decision. This approval means that the terms and conditions outlined in the agreement will govern the employment relationship between Metcash Trading Limited and its employees within the Victoria convenience sector, subject to the provisions of the Fair Work Act.

Metcash Trading Limited

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established