DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Metcash Trading Limited T/A Mitre10 Australia
(AG2018/6014)

MITRE 10 DERRIMUT ENTERPRISE AGREEMENT 2018

Storage services
COMMISSIONER WILSON	MELBOURNE, 19 MARCH 2019

Application for approval of the Mitre10 Derrimut Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Mitre10 Derrimut Enterprise Agreement 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Metcash Trading Limited T/A Mitre10 Australia. The Agreement is a single enterprise agreement.

[2] The Employer 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] Subject to the undertakings referred to above, 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.

[4] The National Union of Workers 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 26 March 2019. The nominal expiry date of the Agreement is 1 October 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Metcash Trading Limited, trading as Mitre10 Australia, applied for approval of the Mitre10 Derrimut Enterprise Agreement 2018 before the Fair Work Commission. The application was made under the Fair Work Act 2009, seeking formal endorsement of the agreement which governs the terms and conditions of employment for employees at a specific Mitre10 store in Derrimut.

The primary legal issues before the Commission were whether the enterprise agreement complied with the statutory requirements set out in the Fair Work Act and the Fair Work Regulations. Specifically, the Commission had to determine if the agreement met the criteria for "simplification and clarification," whether it appropriately balanced the interests of employees and employers, and if it adhered to the procedural fairness standards mandated by the Act.

The Commission found that the agreement did indeed simplify and clarify the terms of employment, and it was well balanced in addressing the needs of both parties. The procedural fairness was upheld as the agreement was the result of genuine bargaining between the employer and the employee representatives. The Commission was satisfied that the agreement was made in good faith and that all relevant employees were adequately represented in the bargaining process.

The Fair Work Commission approved the Mitre10 Derrimut Enterprise Agreement 2018, endorsing it as meeting the legal standards required for formal endorsement. This decision was made on the basis that the agreement was fairly negotiated, met the simplification and clarification criteria, and was in the best interests of the employees and the employer.

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