Application for approval of the Metcash Trading Limited WA Food and Liquor Agreement 2025

[1] Metcash Trading Ltd (the Applicant) has made an application for the approval of an enterprise agreement known as the Metcash Trading Limited WA Food and Liquor Enterprise Agreement 2025 (the Agreement). The application was made under s 185 of the Fair Work Act 2009 (Cth) (the Act). The Agreement is a single enterprise agreement.

[2] The Applicant 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] In compliance with s 190(4) of the Act, the bargaining representatives' views regarding the undertakings proffered were sought. They were provided with the opportunity to raise and address any objections they had to the undertakings proffered by the Applicant. No objection was raised.

[4] Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying declarations, I am satisfied that each of the requirements of ss 186, 187, 188, and 190 of the Act as are relevant to this application for approval have been met.

[5] I note that clause 41.2 of the Agreement includes additional conduct into the definition of "serious misconduct", beyond the definition in regulation 1.07 of the Fair Work Regulations 2009. This clause may be inconsistent with the National Employment Standards (the NES). However, I am satisfied that under clause 4(2) of the Agreement, the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[6] The Shop Distributive and Allied Employees' Association (the organisation), 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), and based on the declaration provided by the organisation, I note that the organisation is covered by the Agreement.

[7] The Agreement was approved on 30 March 2026 and, in accordance with s 54, will operate from 6 April 2026. The nominal expiry date of the Agreement is 28 October 2027.

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