DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Metcash Trading Limited T/A Metcash Trading Limited
(AG2021/6325)

METCASH TRADING LIMITED CSD OPERATIONS (WA) ENTERPRISE AGREEMENT 2021

Storage services
DEPUTY PRESIDENT BEAUMONT	PERTH, 3 AUGUST 2021

Application for approval of the Metcash Trading Limited CSD Operations (WA) Enterprise Agreement 2021.

[1] Metcash Trading Limited T/A Metcash Trading Limited has made an application for the approval of an enterprise agreement known as the Metcash Trading Limited CSD Operations (WA) Enterprise Agreement 2021 (the Agreement). The application was made under s 185 of the Fair Work Act 2009 (Cth) (the Act). 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] In compliance with s 190(4) of the Act, the bargaining representative’s views regarding the undertakings proffered were sought. They were provided with the opportunity to raise and address any objections they had to the undertakings proffered by the Applicant. No objection was raised.

[4] Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying declarations, 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.

[5] The Shop, Distributive and Allied Employees Association (the organisation),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), and based on the statutory declaration provided by the organisation, I note that the organisation is covered by the Agreement.

[6] The Agreement was approved on 3 August 2021 and, in accordance with s 54, will operate from 10 August 2021. The nominal expiry date of the Agreement is 3 August 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Metcash Trading Limited, trading as Metcash Trading Limited, sought approval of the Metcash Trading Limited CSD Operations (WA) Enterprise Agreement 2021, which was the subject of a dispute between the company and its employees in Western Australia. The case was heard in the Fair Work Commission, Australia's independent national workplace relations tribunal with federal jurisdiction. The tribunal was required to determine whether the enterprise agreement was suitable for approval under the Fair Work Act 2009.

The key legal issues the tribunal addressed were whether the agreement provided for the employees' pay and conditions of employment fairly and appropriately, and whether it complied with the "better off overall test." This test requires that employees be no worse off financially and at least some employees be better off overall under the agreement than they would be under the applicable award or safety net. The tribunal also considered whether the agreement appropriately dealt with issues such as redundancy, termination of employment, and the resolution of disputes.

In its decision, the tribunal found that the agreement met the requirements of the Fair Work Act and was suitable for approval. The tribunal concluded that the agreement provided for employees' pay and conditions of employment fairly and appropriately, and it complied with the better off overall test. The tribunal was satisfied that the agreement dealt with the relevant issues in a manner that was fair and reasonable, and that it provided for the proper administration and enforcement of the agreement. The tribunal approved the enterprise agreement, finding that it met the necessary legal standards and would provide a fair and effective framework for the employment relationship between Metcash Trading Limited and its employees in Western Australia.

Metcash Trading Limited T/A Metcash Trading Limited

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established