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

[1] 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).

[2] 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.

[3] 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.   

[4] 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.

[5] 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).

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

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