Metcash Trading Limited T/A Metcash Trading Limited

[2021] FWCA 6022

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Metcash Trading Limited T/A Metcash Trading Limited
(AG2021/7044)

KINGS MEADOWS FRAME AND TRUSS ENTERPRISE AGREEMENT 2021

Manufacturing and associated industries
DEPUTY PRESIDENT EASTON	SYDNEY, 28 SEPTEMBER 2021

Application for approval of the Kings Meadows Frame and Truss Enterprise Agreement 2021.

[1] Metcash Trading Limited T/A Metcash Trading Limited (the Employer) has made an application for the approval of the Kings Meadows Frame and Truss Enterprise Agreement 2021 (the Agreement). The application was made under s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings, a copy of which are attached as Annexure A to this decision. The undertakings can be accepted under s.190 of the Act because I am satisfied that they will not cause financial detriment to any employee covered by the Agreement and will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the agreement pursuant to s.191 of the Act.

[3] Subject to the Employer’s undertakings, I am satisfied that each relevant requirement in sections 186, 187, 188 and 190 of the Act has been met.

[4] The Construction, Forestry, Maritime, Mining and Energy Union (CFMMEU) was a bargaining representative for the Agreement and 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 CFMMEU.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 5 October 2021. The nominal expiry date of the Agreement is 5 October 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the matter of Metcash Trading Limited, trading as Metcash Trading Limited, the Fair Work Commission was asked to consider the application for approval of the Kings Meadows Frame and Truss Enterprise Agreement 2021. The applicant, Metcash Trading Limited, sought approval for the agreement as a new enterprise agreement under the Fair Work Act 2009. The dispute centred on whether the proposed agreement met the criteria for registration and approval under the Act, including whether it was certified as a simple, streamlined or green fields agreement, and whether it had been fairly negotiated.

The legal issues before the Commission included the determination of whether the agreement was fairly negotiated and whether it complied with the requirements for approval under the Fair Work Act. Key considerations involved the fairness of the agreement's terms, particularly in light of the employees' need for financial security and the company's need to maintain business efficiency. The Commission also examined whether the agreement provided adequate protections for employees, including provisions for minimum wage rates, leave entitlements, and dispute resolution mechanisms.

After considering the submissions from both parties and the evidence presented, the Fair Work Commission determined that the Kings Meadows Frame and Truss Enterprise Agreement 2021 was fairly negotiated and met the criteria for approval. The Commission found that the agreement provided for reasonable terms and conditions, including provisions for minimum wage rates and leave entitlements, and established effective mechanisms for resolving disputes. The Commission approved the agreement, emphasising the importance of maintaining a balance between the interests of both employers and employees in enterprise bargaining.

The final orders of the Commission were that the Kings Meadows Frame and Truss Enterprise Agreement 2021 be approved and registered under the Fair Work Act 2009. This decision provided certainty for both parties, ensuring that the agreement would govern the employment terms and conditions of the relevant employees.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established