Metcash Trading Limited
[2024] FWCA 4297
•4 DECEMBER 2024
| [2024] FWCA 4297 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Metcash Trading Limited
(AG2024/4493)
MITRE 10 AUSTRALIA LIMITED (QUEENSLAND) ENTERPRISE AGREEMENT 2024
| Storage services | |
| COMMISSIONER CRAWFORD | SYDNEY, 4 DECEMBER 2024 |
Application for approval of the Mitre 10 Australia Limited (Queensland) Enterprise Agreement 2024
An application has been made for approval of an enterprise agreement known as the Mitre 10 Australia Limited (Queensland) Enterprise Agreement 2024 (Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (FW Act). It has been made by Metcash Trading Limited. The Agreement is a single enterprise agreement.
I am satisfied that each requirement of ss.186, 187 and 188 of the FW Act as are relevant to this application for approval have been met.
Noting clause 4 of the Agreement, I am satisfied that the more beneficial entitlements of the NES in the FW Act will prevail where there is an inconsistency between the Agreement and the NES. This provision will have work to do in relation to compassionate leave because clause 42 of the Agreement does not refer to the NES entitlements related to stillbirth and miscarriage.
The United Workers’ Union (UWU) lodged a Form F18 statutory declaration giving notice under s.183 of the FW Act that it wants the Agreement to cover it. In accordance with s.201(2) of the FW Act, I note the Agreement covers the UWU.
The Agreement is approved and will operate from seven days after approval in accordance with s.54 of the FW Act. The nominal expiry date of the Agreement is 11 December 2027.
COMMISSIONER
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