DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Australian Liquor Marketers Pty Ltd
(AG2015/3629)

AUSTRALIAN LIQUOR MARKETERS PTY LTD ENTERPRISE AGREEMENT CANBERRA WAREHOUSE 2015

Australian Capital Territory
DEPUTY PRESIDENT KOVACIC	MELBOURNE, 21 JULY 2015

Application for approval of the Australian Liquor Marketers Pty Ltd Enterprise Agreement Canberra Warehouse 2015.

[1] An application has been made for approval of an enterprise agreement known as the Australian Liquor Marketers Pty Ltd Enterprise Agreement Canberra Warehouse 2015 (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] Subject to concerns that have been addressed by way of undertakings, 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.

[3] As noted, pursuant to s.190(3), I have accepted undertakings from Australian Liquor Marketers Pty Ltd. In accordance with s.191(1) of the Act the undertakings are taken to be a term of the Agreement. A copy of the undertakings are attached to this decision.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 28 July 2015. The nominal expiry date of the Agreement is 2 June 2017.

Printed by authority of the Commonwealth Government Printer

ATTACHMENT A

CaseChat Overview and Summary

In the Fair Work Commission, the Australian Liquor Marketers Pty Ltd applied for approval of the Enterprise Agreement Canberra Warehouse 2015. The applicant, a liquor wholesaler, sought to enter into an enterprise agreement with its employees at the Canberra warehouse site. The dispute involved the terms and conditions of employment, including wages, hours of work, and other related matters, as stipulated in the proposed agreement.

The legal issues before the Commission included whether the agreement provided for the minimum entitlements required by the Fair Work Act 2009, whether it was made in good faith and without coercion, and whether it complied with the requirements for registration under the Act. The Commission needed to assess if the agreement met the criteria for approval, including ensuring it did not undermine the safety nets provided by the national workplace relations system.

The Commission found that the agreement did provide for the minimum entitlements as required by the Act. It was concluded that the agreement was made in good faith and without coercion. The Commission also determined that the agreement complied with the registration requirements under the Act. Therefore, the application for approval of the Enterprise Agreement Canberra Warehouse 2015 was approved. The Commission certified the agreement as set out in the Schedule to this decision.

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