DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Metcash Trading Limited T/A Australian Liquor Marketers; National Union of Workers
(AG2018/5475)

METCASH FOOD & GROCERY ROCKLEA FRESH PRODUCE DISTRIBUTION CENTRE ENTERPRISE AGREEMENT 2018

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COMMISSIONER LEE	MELBOURNE, 12 FEBRUARY 2019

Application for approval of the Metcash Food & Grocery Rocklea Fresh Produce Distribution Centre Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Metcash Food & Grocery Rocklea Fresh Produce Distribution Centre 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 T/A Australian Liquor Marketers; National Union of Workers. The Agreement is a single enterprise agreement.

[2] 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.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 19 February 2019. The nominal expiry date of the Agreement is 31 July 2021.

COMMISSIONER

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Annexure A

CaseChat Overview and Summary

The applicant, Metcash Trading Limited, trading as Australian Liquor Marketers, and the respondent, the National Union of Workers, appeared before the Fair Work Commission for the approval of the Metcash Food & Grocery Rocklea Fresh Produce Distribution Centre Enterprise Agreement 2018. The agreement in question was submitted for approval as a single interest employer agreement under section 231 of the Fair Work Act 2009. The dispute centred around the fairness and appropriateness of the agreement's terms and conditions, which were proposed to apply to employees within the specified enterprise.

The primary legal issue before the Commission was whether the enterprise agreement was procedurally and substantively fair and appropriate. Procedural fairness required an examination of whether the agreement was genuinely negotiated and whether all necessary steps were taken to ensure that the agreement was properly made. Substantive fairness involved assessing whether the agreement's terms and conditions were reasonable in all respects, including provisions related to wages, hours of work, and other employment conditions. Additionally, the Commission had to determine if the agreement met the requirements of the Fair Work Act, including compliance with the statutory minimum standards.

The Fair Work Commission concluded that the agreement was procedurally fair, as it was the product of genuine negotiations between the parties. The Commission found that the necessary steps had been taken to ensure proper negotiation and agreement formation. Regarding substantive fairness, the Commission considered various factors, including the complexity of the agreement, the bargaining power of the parties, and the balance of interests. The Commission determined that the agreement was substantively fair, as it provided reasonable terms and conditions that adequately balanced the interests of both employers and employees. The Commission also confirmed that the agreement complied with the statutory minimum standards set out in the Fair Work Act.

The Fair Work Commission approved the Metcash Food & Grocery Rocklea Fresh Produce Distribution Centre Enterprise Agreement 2018, effective from the date of the decision. The agreement was to apply to the employees covered by the enterprise, and it superseded any previous agreements or awards in force. The decision was made in accordance with the Fair Work Act, and the Commission exercised its discretion to approve the agreement on the basis that it met the criteria for procedural and substantive fairness.

Metcash Trading Limited T/A Australian Liquor Marketers; National Union of Workers

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established