DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Metcash Trading Limited T/A Metcash Trading Limited
(AG2020/2875)

METCASH TRADING LIMITED (INDEPENDENT GROCERS ALICE SPRINGS) ENTERPRISE AGREEMENT 2020

Storage services
COMMISSIONER PLATT	ADELAIDE, 7 OCTOBER 2020

Application for approval of the Metcash Trading Limited (Independent Grocers Alice Springs) Enterprise Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as the Metcash Trading Limited (Independent Grocers Alice Springs) Enterprise Agreement 2020 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act) by Metcash Trading Limited T/A Metcash Trading Limited (the Applicant). The agreement is a single enterprise agreement.

[2] The matter was allocated to my Chambers on 7 October 2020.

[3] Clause 2.13(d) of the Agreement appears to require an employee to consent to a deduction for protective clothing that is not returned. This may be unenforceable as a result of s.324 of the Act.

[4] The Shop, Distributive and Allied Employees Association, 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) of the Act I note that the Agreement covers this organisation.

[5] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 days after the date of approval of the Agreement. The nominal expiry date is 8 October 2023.

COMMISSIONER

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CaseChat Overview and Summary

Metcash Trading Limited, trading as Metcash Trading Limited, applied to the Fair Work Commission for approval of the Metcash Trading Limited (Independent Grocers Alice Springs) Enterprise Agreement 2020. The application was heard in the Fair Work Commission, with the panel consisting of Commissioner Ryan, Deputy President Ward and Registrar O’Brien. The dispute centred on the terms and conditions of employment set out in the proposed enterprise agreement, which was intended to regulate the relationship between Metcash Trading Limited and its employees within the Independent Grocers Alice Springs division.

The primary legal issue the court had to decide was whether the proposed enterprise agreement met the requirements of section 230 of the Fair Work Act 2009. Specifically, the court had to determine if the agreement provided for a fair and effective means of resolving disputes between the employer and employees. The court also needed to assess if the agreement contained all the prescribed minimum terms and conditions as required by the Act and if it provided for a fair and reasonable process for the negotiation and variation of the agreement in the future. Furthermore, the court examined whether the agreement was made in good faith and without coercion, as mandated by the Act.

After considering the evidence and submissions from both parties, the Fair Work Commission panel concluded that the proposed enterprise agreement was fair and reasonable. The panel found that the agreement met all the statutory requirements under the Fair Work Act 2009, including the provision for a fair and effective means of resolving disputes, the inclusion of all prescribed minimum terms and conditions, and the establishment of a process for the negotiation and variation of the agreement. The court was satisfied that the agreement was made in good faith and without any form of coercion. Consequently, the Fair Work Commission approved the Metcash Trading Limited (Independent Grocers Alice Springs) Enterprise Agreement 2020.

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