Metcash Trading Limited T/A Metcash Trading Limited

[2020] FWCA 5347

[2020] FWCA 5347

FAIR WORK COMMISSION

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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