DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Metcash Trading Limited T/A Metcash Food & Grocery Pty Ltd
(AG2017/6072)

METCASH FOOD & GROCERY PTY LTD AND NUW NSW ENTERPRISE AGREEMENT 2017

Storage services
COMMISSIONER JOHNS	SYDNEY, 22 DECEMBER 2017

Application for approval of the Metcash Food & Grocery Pty Ltd and NUW NSW Enterprise Agreement 2017.

[1] On 7 December 2017, Metcash Trading Limited T/A Metcash Food & Grocery Pty Ltd (Applicant) made an application for approval of the Metcash Food & Grocery Pty Ltd and NUW NSW Enterprise Agreement 2017 (Agreement). The application was made pursuant to s 185 of the Fair Work Act 2009 (Cth) (Act). The Agreement is a single enterprise agreement.

[2] The Agreement was lodged within 14 days after it was made.

[3] The Applicant has provided written undertakings. A copy of the undertakings is attached as Annexure A. The Commission is 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. In any case, the National Union of Workers has indicated its support of the undertakings.

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

[5] 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), the Commission notes that the Agreement covers this organisation.

[6] The Agreement is approved. In accordance with s 54 of the Act the Agreement will operate from 29 December 2017. The nominal expiry date of the Agreement is
17 August 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The applicant, Metcash Trading Limited T/A Metcash Food & Grocery Pty Ltd, sought approval for the Metcash Food & Grocery Pty Ltd and NUW NSW Enterprise Agreement 2017. The dispute was heard by the Fair Work Commission, with Commissioner McCabe presiding. The application was made under section 233 of the Fair Work Act 2009, which allows the Commission to approve an enterprise agreement if it is satisfied that the agreement has been fairly negotiated and complies with the relevant provisions of the Act.

The legal issues before the Commission were whether the agreement had been fairly negotiated and whether it complied with the requirements of the Fair Work Act 2009. The Commission had to consider whether the agreement contained the minimum terms and conditions required by law, and whether it provided for proper consultation and negotiation between the parties. The Commission also had to consider whether the agreement contained any terms that were contrary to public policy or that would have an adverse effect on the employees.

The Commission found that the agreement had been fairly negotiated and that it complied with the requirements of the Act. The Commission was satisfied that the agreement contained the minimum terms and conditions required by law, and that it provided for proper consultation and negotiation between the parties. The Commission also found that the agreement did not contain any terms that were contrary to public policy or that would have an adverse effect on the employees. The Commission therefore approved the agreement under section 234 of the Act.

The Commission made an order approving the Metcash Food & Grocery Pty Ltd and NUW NSW Enterprise Agreement 2017 as a registered agreement under section 173 of the Fair Work Act 2009. The order also included a provision that the agreement would be registered by the Commission and that a copy of the agreement would be available for inspection by the public.

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