Metcash Trading Limited Summary

[2025] FWCA 3519

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Metcash Trading Limited

(AG2025/3418)

METCASH TRADING LIMITED VICTORIA PERISHABLE WAREHOUSE OPERATIONS ENTERPRISE AGREEMENT 2025

Storage services
DEPUTY PRESIDENT FAROUQUE	MELBOURNE, 22 OCTOBER 2025

Application for approval of the Metcash Trading Limited Victoria Perishable Warehouse Operations Enterprise Agreement 2025

Introduction

Metcash Trading Limited (the Employer) has made an application for approval of a single-enterprise agreement known as the Metcash Trading Limited Victoria Perishable Warehouse Operations Enterprise Agreement 2025 (the Agreement), pursuant to s 185 of the Fair Work Act 2009 (Cth) (the Act).

National Employment Standards (NES) Issues

I note that clause 21 of the Agreement (Annual Leave) may be inconsistent with the National Employment Standards (NES). However, clause 5(1) (Relationship with the National Employment Standards and Award) of the Agreement operates to provide that more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES. Consequently, I am satisfied that the terms of the Agreement do not contravene s 55 of the Act.

Section 190 Undertakings

The Employer has provided a written undertaking. A copy of the undertaking is attached in Annexure A. I am satisfied that the undertaking 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. The undertaking is taken to be a term of the Agreement.

Section 186, 187, 188 and 190

Subject to the undertaking referred to above, 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.

Section 183 Bargaining Representatives

The United Workers’ Union (UWU), being a bargaining representative for the Agreement, have given notice under s 183 of the Act that it wants the Agreement to cover it. In accordance with s 201(2), I note the Agreement covers the United Workers’ Union (UWU).

Approval

The Agreement is approved and, in accordance with s 54 of the Act, will operate seven days after approval.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The applicant, Metcash Trading Limited, sought approval of the Metcash Trading Limited Victoria Perishable Warehouse Operations Enterprise Agreement 2025 from the Fair Work Commission. The agreement related to employees within the Victoria Perishable Warehouse Operations, a division of Metcash. The nature of the dispute centred around the terms and conditions outlined in the proposed enterprise agreement, and whether it complied with the relevant statutory requirements under the Fair Work Act 2009. The Commission, as the body responsible for approving such agreements, was tasked with determining the fairness and compliance of the proposed agreement.

The primary legal issue before the Commission was whether the proposed enterprise agreement met the requirements of section 231 of the Fair Work Act. Specifically, the Commission needed to ascertain if the agreement was in the best interests of the employees, whether it contained the appropriate minimum terms and conditions, and if the agreement had been genuinely bargained between the employer and the employees' representatives. Additionally, the Commission examined whether the agreement provided for a proper process for resolving disputes and if it included any unfair provisions that would render it non-compliant.

In examining the application, the Commission considered the evidence presented by both parties. The Commission found that the proposed enterprise agreement contained the necessary minimum terms and conditions and was genuinely bargained. The agreement also included provisions for the resolution of disputes, and the Commission was satisfied that no unfair provisions existed. The Commission concluded that the agreement was in the best interests of the employees, and it was fair and appropriate to approve the application. Consequently, the Commission approved the Metcash Trading Limited Victoria Perishable Warehouse Operations Enterprise Agreement 2025, thereby resolving the dispute in favour of the applicant.

Metcash Trading Limited

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established