DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Australian Liquor Marketers Pty Ltd
(AG2016/867)

AUSTRALIAN LIQUOR MARKETERS PTY LTD VICTORIAN DISTRIBUTION CENTRE ENTERPRISE AGREEMENT 2016

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COMMISSIONER ROE	MELBOURNE, 16 MAY 2016

Application for approval of the Australian Liquor Marketers Pty Ltd Victorian Distribution Centre Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Australian Liquor Marketers Pty Ltd Victorian Distribution Centre Enterprise Agreement 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Australian Liquor Marketers Pty Ltd. 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] 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[4] The Shop, Distributive and Allied Employees Association 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 was approved on 16 May 2016 and, in accordance with s.54, will operate from 23 May 2016. The nominal expiry date of the Agreement is 31 March 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

Australian Liquor Marketers Pty Ltd was the applicant in a case brought before the Fair Work Commission, seeking approval for the Victorian Distribution Centre Enterprise Agreement 2016. The applicant aimed to have this enterprise agreement recognised as a safety net award, applicable to their employees within the Victorian distribution centre. The dispute centred around the provisions of the Fair Work Act 2009 and the criteria set out by the Fair Work Commission for the approval of such agreements.

The central legal issue for the court was whether the Victorian Distribution Centre Enterprise Agreement 2016 met the statutory requirements for safety net award approval. This involved examining the agreement to ensure it complied with the provisions of the Fair Work Act 2009, particularly regarding minimum wages, penalty rates, leave entitlements, and other employment conditions that ensure a fair safety net for employees. The court also had to assess whether the agreement provided no less than the national minimum standards of employment as outlined in the Act.

The Fair Work Commission evaluated the agreement, considering its provisions against the criteria set by the Fair Work Act 2009. The Commission determined that the agreement met the necessary requirements for approval as a safety net award. It found that the agreement provided terms and conditions that were not less favourable than the national minimum standards, thus ensuring that employees were adequately protected. Based on this analysis, the Commission approved the application for the agreement to be recognised as a safety net award.

Australian Liquor Marketers Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established