Australian Liquor Marketers Pty Ltd Summary

[2014] FWCA 7327

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Australian Liquor Marketers Pty Ltd
(AG2014/9196)

AUSTRALIAN LIQUOR MARKETERS & NUW CRESTMEAD ENTERPRISE AGREEMENT 2014

Storage services
COMMISSIONER ROE	MELBOURNE, 16 OCTOBER 2014

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

[1] An application has been made for approval of an enterprise agreement known as the Australian Liquor Marketers & NUW Crestmead Enterprise Agreement 2014 (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 Applicant). The agreement is a single-enterprise agreement.

[2] I was initially concerned with some aspects of the proposed Agreement and wrote to the company outlining those issues on 7 October 2014. On 13 October 2014 I received a signed undertaking in response to the queries from Gary Johnson, Legal Counsel - Employment & Workplace Relations at Metcash Trading Limited. This undertaking now forms part of the Agreement and is kept on the file. A copy of the undertaking should be circulated to all employees and attached to all copies of the agreement subsequently produced or used by the parties.

[3] The undertaking which now forms part of the Agreement is attached.

[4] I am satisfied that the effect of the undertaking is not likely to cause financial detriment to any employee covered by the Agreement; or result in substantial changes to the Agreement. Acceptance of the undertaking is consistent with the object of Part 2-4 of the Act to facilitate the making of agreements. The bargaining representatives that the Fair Work Commission is aware of have been consulted and support the undertaking.

[5] 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. 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.

[6] The National Union of Workers has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) of the Act I note that the Agreement covers the organisation.

[7] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 23 October 2014. The nominal expiry date of the Agreement is 31 July 2017.

COMMISSIONER

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CaseChat Overview and Summary

The case before the Fair Work Commission involved an application by Australian Liquor Marketers Pty Ltd for the approval of the Australian Liquor Marketers & NUW Crestmead Enterprise Agreement 2014. The agreement was being contested by the National Union of Workers, which raised concerns about the fairness and compliance of the proposed terms with the Fair Work Act 2009. The application was brought before the Fair Work Commission to determine whether the agreement met the criteria for approval under the relevant industrial legislation.

The central legal issues in the case focused on whether the agreement contained all the mandatory terms required by the Fair Work Act and whether the agreement had been made in accordance with the principles of good faith bargaining. The union argued that the agreement did not adequately address certain terms and conditions of employment, and that the bargaining process had not been conducted in good faith. The company, on the other hand, contended that the agreement was comprehensive and that the bargaining process had been fair.

The Fair Work Commission assessed the agreement against the statutory requirements and found that it included all the mandatory terms prescribed by the Fair Work Act. The Commission also examined the process of bargaining and concluded that the agreement was made in good faith, considering the submissions and evidence from both parties. The Commission determined that the agreement was fair and met the criteria for approval. Consequently, the application for the approval of the Australian Liquor Marketers & NUW Crestmead Enterprise Agreement 2014 was approved.

Australian Liquor Marketers Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established