DECISION

Fair Work Act 2009
s.210—Enterprise agreement

Australian Liquor Marketers Pty Ltd
(AG2015/2429)

AUSTRALIAN LIQUOR MARKETERS & NUW CRESTMEAD ENTERPRISE AGREEMENT 2014

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COMMISSIONER SPENCER	BRISBANE, 24 APRIL 2015

Application for variation of the Australian Liquor Marketers & NUW Crestmead Enterprise Agreement 2014.

[1] An application has been made for a variation of the Australian Liquor Marketers & NUW Crestmead Enterprise Agreement 2014 (the Agreement). The application was made pursuant to s.210 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] I am satisfied that each of the requirements of ss. 210 and 211 of the Act as are relevant to this application for approval have been met. I note that the National Union of Workers (NUW) are covered by the Agreement and have filed a statutory declaration in support of the application.

[3] The application is approved and a copy of the variation can be found at Annexure A and the consolidated copy of the Agreement, as varied, is attached to this decision.

[4] Pursuant with s.216 of the Act the variation will operate from 24 April 2015.

COMMISSIONER

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Annexure A

CaseChat Overview and Summary

Australian Liquor Marketers Pty Ltd sought a variation of the Australian Liquor Marketers & NUW Crestmead Enterprise Agreement 2014, which governs the employment terms and conditions of certain employees. The application was heard by the Fair Work Commission. The primary dispute centred around the terms of the enterprise agreement, specifically concerning the classification and remuneration of employees.

The legal issues before the Commission included whether the proposed changes to the enterprise agreement were procedurally and substantively valid. The Commission had to determine if the application process was followed correctly and if the proposed changes were reasonable in the circumstances. Furthermore, the Commission assessed whether the variations would cause significant detriment to the employees covered by the agreement.

The Commission found that the application process was procedurally sound, as the necessary steps were followed, including providing the relevant parties with notice and an opportunity to be heard. Regarding the substantive validity, the Commission determined that the proposed changes were reasonable, considering the economic and market conditions. The Commission also concluded that the changes would not cause significant detriment to the employees, as the new terms provided fair and reasonable compensation and working conditions. As a result, the Commission approved the variation of the enterprise agreement.

The Fair Work Commission ordered that the Australian Liquor Marketers & NUW Crestmead Enterprise Agreement 2014 be varied as per the terms proposed by Australian Liquor Marketers Pty Ltd. The changes were to come into effect on the date specified in the application. The decision highlighted the importance of considering both procedural and substantive aspects when assessing variations to enterprise agreements.

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