Metcash Trading Limited

Case [2024] FWCA 4297
[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

  1. 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.

  1. 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.

  1. 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.

  1. 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.

  1. 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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Details
AGLC
Metcash Trading Limited [2024] FWCA 4297
Case
[2024] FWCA 4297
Decision Date

CaseChat Overview and Summary

Metcash Trading Limited applied to the Fair Work Commission for the approval of the Mitre 10 Australia Limited (Queensland) Enterprise Agreement 2024. The dispute involved whether the agreement met the necessary standards under the Fair Work Act 2009 and if it appropriately covered the terms and conditions of employment for employees of Mitre 10 Australia Limited in Queensland.

The legal issues before the court encompassed the validity of the agreement under the Fair Work Act, including whether it satisfied the minimum standards of pay and conditions, and if it was made in good faith and without coercion. Additionally, the court had to consider whether the agreement was appropriately certified as a single interest and in good faith by an independent certifier.

The Fair Work Commission examined the agreement's compliance with the statutory minimum standards and the process by which it was certified. The Commission found that the agreement adequately covered the stipulated terms and conditions of employment and met the legislative requirements for approval. It also determined that the agreement was certified in accordance with the law, fulfilling all necessary procedural and substantive criteria. Consequently, the Commission approved the enterprise agreement.

The Fair Work Commission approved the Mitre 10 Australia Limited (Queensland) Enterprise Agreement 2024, confirming its compliance with the Fair Work Act 2009 and its certification in good faith.

Orders

Orders of the court

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Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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