DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Metcash Trading Limited T/A Metcash Food & Grocery Pty Ltd
(AG2018/14)

METCASH & NUW CRESTMEAD LOGISTICS OPERATIONS ENTERPRISE AGREEMENT 2017

Storage services
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 23 FEBRUARY 2018

Application for approval of the Metcash & NUW Crestmead Logistics Operations Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Metcash & NUW Crestmead Logistics Operations Enterprise Agreement 2017 (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 Metcash Food & Grocery Pty Ltd. The Agreement is a single enterprise agreement.

[2] The Applicant 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[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 was approved on 23 February 2018 and, in accordance with s.54, will operate from 2 March 2018. The nominal expiry date of the Agreement is 31 August 2020.

COMMISSIONER

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Appendix A

CaseChat Overview and Summary

Metcash Trading Limited, trading as Metcash Food & Grocery Pty Ltd, applied to the Fair Work Commission for approval of the Metcash & NUW Crestmead Logistics Operations Enterprise Agreement 2017. The application followed a meeting between the applicant and the National Union of Workers, which resulted in an agreement on the terms of the enterprise agreement. The application was heard by the Commission's delegate, who was tasked with determining whether the agreement met the necessary criteria for approval under the Fair Work Act 2009.

The primary legal issue before the delegate was whether the enterprise agreement was a genuine bargain between the parties, as required by section 228 of the Fair Work Act. The delegate also had to consider whether the agreement met the requirements for enterprise agreements set out in section 232 of the Act, including whether it provided for the resolution of disputes and the protection of employees' rights. Additionally, the delegate needed to ensure that the agreement complied with the relevant industrial instruments and did not have an adverse effect on the operations of the business.

In reaching a decision, the delegate considered the evidence provided by both parties, including the terms of the agreement, the bargaining process, and the views of the employees. The delegate found that the agreement was a genuine bargain between the parties, as it reflected the outcomes of negotiations and addressed the issues of concern to both parties. The delegate also found that the agreement met the requirements for enterprise agreements, including the resolution of disputes and the protection of employees' rights. The delegate concluded that the agreement did not have an adverse effect on the operations of the business and that it complied with the relevant industrial instruments. Accordingly, the delegate approved the enterprise agreement.

The delegate's decision was based on the evidence before it and the application of the relevant provisions of the Fair Work Act. The delegate found that the agreement was a genuine bargain and met the requirements for enterprise agreements, including the resolution of disputes and the protection of employees' rights. The delegate also found that the agreement did not have an adverse effect on the operations of the business and that it complied with the relevant industrial instruments. As a result, the delegate approved the enterprise agreement.

Metcash Trading Limited T/A Metcash Food & Grocery Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established