Metcash Trading Limited
[2025] FWCA 370
•30 JANUARY 2025
| [2025] FWCA 370 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement
Metcash Trading Limited
(AG2024/5098)
AUSTRALIAN LIQUOR MARKETERS CANBERRA WAREHOUSE ENTERPRISE AGREEMENT 2024
| Storage services | |
| DEPUTY PRESIDENT BOYCE | SYDNEY, 30 JANUARY 2025 |
Application for approval of the Australian Liquor Marketers Canberra Warehouse Enterprise Agreement 2024
An application has been made for approval of an enterprise agreement to be known as the Australian Liquor Marketers Canberra Warehouse Enterprise Agreement 2024 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by Metcash Trading Limited (Employer). The Agreement is a single enterprise agreement.
Objections to approval
The were various issues or concerns raised as to the approval of the Agreement by the Commission, and by employee bargaining representative, Mr Daniel South. Ultimately the issues or concerns raised by the Commission have been resolved, including pursuant to the undertaking provided by the Employer.
In relation to the concerns in relation to the BOOT raised by Mr South in his Form F18A dated 5 January 2025 and his submissions dated 28 January 2025 (at pp.1-4), I am satisfied (including having regard to the submissions of the Applicant provided on 29 January 2025) that Mr South’s concerns do not give rise to any non-compliance with the BOOT (set out at s.193 of the Act), or otherwise present any barrier to the approval of the Agreement.[1]
Undertakings
The Employer has provided written undertakings dated 29 January 2025. Those undertakings are attached at Annexure A to this decision and become terms of the Agreement. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement (as compared to the relevant provisions of the Storage Services and Wholesale Award 2020), and that the undertakings will not result in substantial changes to the Agreement.
Coverage of employee organisation(s)
The United Workers’ Union (UWU), being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants to be covered by the Agreement. In accordance with s.201(2) of the Act, I note that the Agreement covers this organisation.
Conclusion
Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188, 190, 193 and 193A of the Act, as are relevant to this application for approval, have been met.
I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.
The Agreement is approved and, in accordance with s.54 of the Act, will operate from 6 February 2025. The nominal expiry date of the Agreement is 3 May 2027.
DEPUTY PRESIDENT
ANNEXURE A
[1] Note paragraph [19] of the Statement of Principles.
Printed by authority of the Commonwealth Government Printer
<AE527828 PR783810>
0
0
0