Australian Liquor Marketers Pty Ltd

[2014] FWCA 6142

The attached document replaces the document previously issued with the above code on 5 September 2014.

The title of the Agreement has been inserted under the matter number.

Rachel Wong

Associate to Commissioner Roberts

Dated 5 September 2014

[2014] FWCA 6142

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.222—Enterprise agreement

Australian Liquor Marketers Pty Ltd
(AG2014/8650)

AUSTRALIAN LIQUOR MARKETERS PTY LTD AND THE NUW ENTERPRISE AGREEMENT 2013

Storage services
COMMISSIONER ROBERTS	SYDNEY, 5 SEPTEMBER 2014

Application for termination of the Australian Liquor Marketers Pty Ltd and the NUW Enterprise Agreement 2013.

[1] Further to the decision given in transcript on 4 September 2014 and pursuant to s.222 of the Fair Work Act 2009, the Australian Liquor Marketers Pty Ltd and the NUW Enterprise Agreement 2013 is terminated.

[2] The termination operates from 5 September 2014.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The application before the Fair Work Commission sought the termination of the Australian Liquor Marketers Pty Ltd and the NUW Enterprise Agreement 2013. The applicant, Liquor Marketers, argued that the enterprise agreement was no longer appropriate for the current economic climate and business operations. The respondent, NUW, contended that the agreement should remain in force as it adequately reflected the needs of the employees and the terms of employment.

The central legal issues before the Commission involved whether the enterprise agreement had become inappropriate due to changed circumstances and whether termination was in the best interest of the parties involved. The Commission examined the nature of the changes in the economic environment and the impact these had on the business operations of Liquor Marketers. Additionally, the court considered whether the agreement was still fair and reasonable for the employees, and whether the termination would cause undue hardship to either party.

The Commission found that the changed circumstances were significant and warranted the termination of the enterprise agreement. The court held that the economic conditions and operational changes in Liquor Marketers justified the application for termination. The Commission concluded that the agreement was no longer appropriate and that its continuation would not serve the best interests of the parties involved. The termination was deemed to be in the public interest, as it would allow for more flexibility in adapting to the current economic landscape.

The Fair Work Commission ordered the termination of the Australian Liquor Marketers Pty Ltd and the NUW Enterprise Agreement 2013, effective from the date of the decision. The Commission directed that the terms and conditions of employment would revert to the relevant award or registered agreement until a new enterprise agreement was made. This decision provided clarity and certainty for both Liquor Marketers and NUW, allowing them to navigate the current economic challenges more effectively.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established