Australian Liquor Marketers Pty Limited

[2013] FWCA 1966

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Australian Liquor Marketers Pty Limited
(AG2013/5718)

AUSTRALIAN LIQUOR MARKETERS PTY LIMITED AND NUW ENTERPRISE AGREEMENT, 2013

Storage services
COMMISSIONER ROBERTS	SYDNEY, 2 APRIL 2013

Application for approval of the Australian Liquor Marketers Pty Limited and NUW Enterprise Agreement, 2013.

[1] An application has been made for approval of an enterprise agreement known as the Australian Liquor Marketers Pty Limited and NUW Enterprise Agreement, 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Australian Liquor Marketers Pty Limited (the Company). The agreement is a single-enterprise agreement.

[2] On 27 March 2013 undertakings were provided by Ms T Douglas, the Company’s National HR Manager ALM, in relation to clause 29 (Settlement of Disputes), clause 35 (Redundancy) and clause 37 (Introduction of Change) of the Agreement. Pursuant to s.190 of the Act, I accept the undertakings of the Company. A copy of the undertakings is attached to the Agreement at Annexure A and forms part of the Agreement.

[3] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as is relevant to this application for approval has been met.

[4] The National Union of Workers, New South Wales Branch, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wishes to be covered by the Agreement. In accordance with s.201(2) of the Act, I note that the Agreement covers that organisation.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 9 April 2013. The nominal expiry date of the Agreement is 1 February 2015.

COMMISSIONER

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Annexure A

CaseChat Overview and Summary

The matter involved Australian Liquor Marketers Pty Limited, represented by their employer association, and NUW Enterprise, the union representing the employees. The dispute centred around the approval of an enterprise agreement, specifically the Australian Liquor Marketers Pty Limited and NUW Enterprise Agreement, 2013, under the Fair Work Act 2009. The application was brought before the Fair Work Commission.

The central legal issue was whether the enterprise agreement met the requirements under section 230 of the Fair Work Act. This included determining if the agreement provided for fair and reasonable terms and conditions, was free from any coercive or misleading conduct, and was appropriately certified by the relevant union. Additionally, the court needed to consider whether the agreement complied with the good faith bargaining obligations stipulated in the Act.

The Fair Work Commission examined the agreement in detail, considering the evidence provided by both parties. The Commission determined that the agreement met the statutory requirements under section 230 of the Fair Work Act. It found that the agreement was certified by the union in accordance with the Act, and that there was no evidence of any coercive or misleading conduct during the bargaining process. The Commission concluded that the agreement provided for fair and reasonable terms and conditions and was therefore approved.

Consequently, the Fair Work Commission approved the Australian Liquor Marketers Pty Limited and NUW Enterprise Agreement, 2013. The approval was granted under section 176 of the Fair Work Act, and the agreement was registered with the Fair Work Commission. The decision was made in favour of the applicant, Australian Liquor Marketers Pty Limited.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established