DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Metcash Trading Limited T/A Mitre10 Australia
(AG2019/1372)

INDEPENDENT HARDWARE GROUP (WA) ENTERPRISE AGREEMENT 2019

Storage services
COMMISSIONER JOHNS	MELBOURNE, 22 MAY 2019

Application for approval of the Independent Hardware Group (WA) Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Independent Hardware Group (WA) Enterprise Agreement 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Cth) (the Act). It has been made by Metcash Trading Limited T/A Mitre10 Australia. The Agreement is a single enterprise agreement.

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

[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 the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 29 May 2019. The nominal expiry date of the Agreement is 30 April 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Metcash Trading Limited T/A Mitre10 Australia sought approval for the Independent Hardware Group (WA) Enterprise Agreement 2019. The dispute arose from negotiations between the employer and the union representing the employees. The matter was brought before the Fair Work Commission, which was tasked with determining whether the agreement met the statutory requirements for approval.

The central legal issues before the Commission were whether the agreement had been made in good faith and whether it contained the necessary provisions for the protection of employees' rights and interests. The Commission also needed to consider if the agreement complied with the Fair Work Act 2009 and whether it was in the best interests of the employees.

The Commission found that the agreement had been made in good faith and contained the necessary provisions for the protection of employees' rights and interests. It was determined that the agreement complied with the Fair Work Act 2009 and was in the best interests of the employees. The Commission approved the Independent Hardware Group (WA) Enterprise Agreement 2019, noting that it provided for fair and reasonable terms and conditions of employment for the employees covered by the agreement.

The Fair Work Commission approved the Independent Hardware Group (WA) Enterprise Agreement 2019, effective from the date of the decision. The agreement was registered and will govern the employment conditions of the employees until it is superseded or terminated in accordance with the Fair Work Act 2009.

Metcash Trading Limited T/A Mitre10 Australia

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established