Australian Liquor Marketers Pty Ltd T/A Australian Liquor Marketers

[2014] FWCA 320

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Australian Liquor Marketers Pty Ltd T/A Australian Liquor Marketers
(AG2014/3355)

AUSTRALIAN LIQUOR MARKETERS PTY LTD VICTORIAN DISTRIBUTION CENTRE ENTERPRISE AGREEMENT 2013

Storage services
COMMISSIONER ROE	MELBOURNE, 13 JANUARY 2014

Application for approval of the Australian Liquor Marketers Pty Ltd Victorian Distribution Centre Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Australian Liquor Marketers Pty Ltd Victorian Distribution Centre Enterprise Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by the Australian Liquor Marketers Pty Ltd T/A Australian Liquor Marketers (the Applicant). The Agreement is a single-enterprise agreement.

[2] 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.

[3] The Shop, Distributive and Allied Employees Association 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 this organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 20 January 2014. The nominal expiry date of the Agreement is 31 March 2016.

COMMISSIONER

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CaseChat Overview and Summary

In the Fair Work Commission, Australian Liquor Marketers Pty Ltd, trading as Australian Liquor Marketers, applied for the approval of the Victorian Distribution Centre Enterprise Agreement 2013. The application was brought by the company, which operates in the liquor distribution industry, to establish the terms and conditions of employment for its employees at the Victorian Distribution Centre. The Fair Work Commission was tasked with assessing whether the agreement complied with the Fair Work Act 2009 and other relevant legislation.

The primary legal issues the Commission needed to decide were whether the agreement met the minimum standards prescribed by the Fair Work Act and whether it was appropriately negotiated. Specifically, the Commission had to determine if the agreement provided for fair and reasonable terms and conditions, including wages, hours of work, leave entitlements, and other employment conditions, and whether it was the product of genuine bargaining between the employer and the employees' representatives. Additionally, the Commission had to ensure that the agreement did not discriminate against any group of employees and that it complied with any relevant industry awards or orders.

After reviewing the application and the evidence presented, the Fair Work Commission found that the Victorian Distribution Centre Enterprise Agreement 2013 met the statutory requirements for approval. The Commission determined that the agreement provided for fair and reasonable terms and conditions for the employees, including appropriate wages, leave entitlements, and other employment conditions. The Commission also concluded that the agreement was the product of genuine bargaining and did not discriminate against any group of employees. Consequently, the Commission approved the agreement, finding it to be compliant with the Fair Work Act and other relevant legislation.

The Fair Work Commission's final order was to approve the Victorian Distribution Centre Enterprise Agreement 2013, effective from the date of the decision. The agreement would now govern the terms and conditions of employment for the employees at the Victorian Distribution Centre, providing a framework for fair and reasonable workplace practices.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established