Metcash Trading Limited T/A Metcash Trading Limited
[2021] FWCA 6450
•27 OCTOBER 2021
| [2021] FWCA 6450 |
| FAIR WORK COMMISSION |
DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Metcash Trading Limited T/A Metcash Trading Limited
(AG2021/7899)
INDEPENDENT GROCERS DARWIN ENTERPRISE AGREEMENT 2021
Storage services | |
DEPUTY PRESIDENT BOYCE | SYDNEY, 27 OCTOBER 2021 |
Application for approval of the Independent Grocers Darwin Enterprise Agreement 2021
[1] An application has been made for approval of an enterprise agreement to be known as the Independent Grocers Darwin Enterprise Agreement 2021 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by Metcash Trading Limited T/A Metcash Trading Limited (Employer). The Agreement is a single enterprise agreement.
[2] The Employer has provided written undertakings dated 26 October 2021. Those undertakings are attached at Annexure A to this decision and become terms of the Agreement. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement (as compared to the relevant provisions of the Storage Services and Wholesale Award 2020 and Road Transport and Distribution Award 2020), and that the undertakings will not result in substantial changes to the Agreement.
[3] The Shop, Distributive and Allied Employees Association (SDA), being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants to be covered by the Agreement. In accordance with s.201(2) of the Act, I note that the Agreement covers this organisation.
[4] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act, as are relevant to this application for approval, have been met.
[5] I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.
[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 3 November 2021. The nominal expiry date of the Agreement is 3 November 2024.
DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer
<AE513675 PR735293>
Annexure A
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