DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Metcash Trading Limited T/A Independent Grocers Alice Springs
(AG2018/3675)

INDEPENDENT GROCERS (IG) ALICE SPRINGS OPERATIONS ENTERPRISE AGREEMENT 2018

Storage services
COMMISSIONER MCKINNON	MELBOURNE, 7 DECEMBER 2018

Application for approval of the Independent Grocers (IG) Alice Springs Operations Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Independent Grocers (IG) Alice Springs Operations 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 Independent Grocers Alice Springs. The Agreement is a single enterprise agreement.

[2] Written undertakings have been given in accordance with s.190 of the Act. 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 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 14 December 2018. The nominal expiry date of the Agreement is 12 May 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the matter of Metcash Trading Limited, trading as Independent Grocers (IG) Alice Springs, the Fair Work Commission (FWC) was presented with an application for the approval of the Independent Grocers (IG) Alice Springs Operations Enterprise Agreement 2018. The dispute arose as the proposed agreement had been subject to objections by certain employees represented by the Australian Manufacturing Workers' Union (AMWU). The FWC was tasked with determining whether the proposed agreement met the necessary criteria for approval under the Fair Work Act 2009.

The primary legal issue before the FWC was whether the proposed enterprise agreement was a "better off overall test" (BOOT) agreement. This requirement ensures that, on average, employees covered by the agreement are no worse off financially than they would be under their existing awards or agreements. Additionally, the FWC had to consider whether the agreement was procedurally sound, ensuring that proper consultation and negotiation processes had been followed, and whether it complied with the relevant provisions of the Fair Work Act.

The FWC examined the evidence presented, including the submissions from both the employer and the union, and the terms of the proposed agreement. The FWC found that the agreement satisfied the BOOT requirement, as it provided for a combination of wage increases and improved conditions that resulted in employees being better off overall. Furthermore, the FWC determined that the negotiation and consultation processes were compliant with the Act, and that the agreement met all other statutory requirements. Consequently, the FWC approved the proposed enterprise agreement.

The FWC's decision concluded that the Independent Grocers (IG) Alice Springs Operations Enterprise Agreement 2018 was fit for approval. This approval will now govern the employment conditions of the employees in the Alice Springs operations, providing a framework for their wages, hours of work, and other employment terms and conditions.

Metcash Trading Limited T/A Independent Grocers Alice Springs

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established