Metcash Trading Limited T/A Metcash Trading Limited
[2022] FWCA 2311
•11 JULY 2022
[2022] FWCA 2311
The attached document replaces the document previously issued with the above code on 11 July 2022.
Paragraph [6] amended to correct bargaining representative
Associate to Commissioner Cirkovic
Dated 12 July 2022.
| [2022] FWCA 2311 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Metcash Trading Limited T/A Metcash Trading Limited
(AG2022/2121)
Metcash Trading Limited Victoria Perishable Warehouse Operations Enterprise Agreement 2022
| Storage services | |
| COMMISSIONER CIRKOVIC | MELBOURNE, 11 JULY 2022 |
Application for approval of the Metcash Trading Limited Victoria Perishable Warehouse Operations Enterprise Agreement 2022
An application has been made for approval of an enterprise agreement known as the Metcash Trading Limited Victoria Perishable Warehouse Operations Enterprise Agreement 2022 (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. The Agreement is a single enterprise agreement.
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. The undertakings are taken to be a term of the agreement.
Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187 and 190 as are relevant to this application for approval have been met.
I note that the coverage of the Agreement stated in the NERR is narrower than the coverage provided by clause 2(3) of the Agreement. The employer submitted that “the operation covered by the proposed agreement is that referred to in the NERR version of the coverage clause which is the Applicant’s only cold storage logistics operation in the state of Victoria and there is no difference in the employees covered by either description. The Applicant respectfully submits that the discrepancy makes no difference in the final outcome of the proposed agreement approved by a majority of employees and in no way disadvantages any employee engaged under the proposed agreement.” Pursuant to s.188(2), I am satisfied that the Agreement would have been genuinely agreed to but for the minor procedural error made. I am satisfied that the employees covered by the agreement were not likely to have been disadvantaged by the error. As a result, I am satisfied that the Agreement has been genuinely agreed within the meaning of s.188(2) of the Act.
I observe that certain provisions of the Agreement are likely to be inconsistent with the National Employment Standards (NES). However, noting clause 5 of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.
The United Workers’ Union 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.
The Agreement is approved and, in accordance with s.54 of the Act, will operate from 18 July 2022. The nominal expiry date of the Agreement is 10 July 2025.
COMMISSIONER
Printed by authority of the Commonwealth Government Printer
<AE516623 PR743666>
Annexure A
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