DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Australian Liquor Marketers Pty Ltd T/A Australian Liquor Marketers
(AG2014/9261)

AUSTRALIAN LIQUOR MARKETERS (TASMANIA) AND NATIONAL UNION OF WORKERS WAREHOUSING AGREEMENT 2014

Tasmania
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 2 DECEMBER 2014

Application for approval of the Australian Liquor Marketers (Tasmania) and National Union of Workers Warehousing Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Australian Liquor Marketers (Tasmania) and National Union of Workers Warehousing 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 agreement is a single enterprise agreement.

[2] The Applicant has provided written undertakings. A copy of the undertakings is attached to the Agreement. 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.

[4] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The Agreement was approved on 2 December 2014 and, in accordance with s.54, will operate from 9 December 2014. The nominal expiry date of the Agreement is 30 June 2017.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Australian Liquor Marketers Pty Ltd, trading as Australian Liquor Marketers, sought approval of the Australian Liquor Marketers (Tasmania) and National Union of Workers Warehousing Agreement 2014. The application was made to the Fair Work Commission. The dispute arose from the proposed agreement, which sought to establish the terms and conditions of employment for warehouse workers in the liquor industry in Tasmania.

The legal issues before the Commission involved whether the agreement met the requirements for approval under the Fair Work Act 2009. Specifically, the Commission needed to determine if the agreement was "better off overall" for the employees and if it complied with the "good faith" requirement. The Commission also had to consider whether the agreement provided fair and appropriate protections for employees, including provisions for minimum rates of pay, leave entitlements, and other employment conditions.

The Commission found that the proposed agreement provided for fair and appropriate protections for employees and met the "better off overall" test. The Commission noted that the agreement included provisions for minimum rates of pay, leave entitlements, and other employment conditions that were consistent with industry standards. The Commission also found that the agreement was made in good faith and complied with the requirements of the Fair Work Act. Accordingly, the Commission approved the agreement.

The Fair Work Commission approved the Australian Liquor Marketers (Tasmania) and National Union of Workers Warehousing Agreement 2014, subject to certain conditions. These conditions included a requirement for the agreement to be reviewed after two years and a requirement for the parties to notify the Commission of any changes to the agreement. The approval of the agreement provides certainty and stability for employers and employees in the liquor industry in Tasmania.

Australian Liquor Marketers Pty Ltd T/A Australian Liquor Marketers

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established