Australian Liquor Marketers Pty Ltd T/A Australian Liquor Marketers

[2014] FWCA 156

FAIR WORK COMMISSION

DECISION

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

Australian Liquor Marketers Pty Ltd T/A Australian Liquor Marketers
(AG2013/12779)

AUSTRALIAN LIQUOR MARKETERS (WA) PTY LTD AND SDA AGREEMENT 2013

Storage services
COMMISSIONER ROE	MELBOURNE, 7 JANUARY 2014

Application for approval of the Australian Liquor Marketers (WA) Pty Ltd and SDA Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Australian Liquor Marketers (WA) Pty Ltd and SDA 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 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 the organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 14 January 2014. The nominal expiry date of the Agreement is 31 October 2016.

COMMISSIONER

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CaseChat Overview and Summary

In the Federal Circuit Court, Australian Liquor Marketers Pty Ltd, trading as Australian Liquor Marketers, applied for the approval of the Australian Liquor Marketers (WA) Pty Ltd and SDA Agreement 2013. The Australian Licensed Grocers and Hotel Association of WA Inc. opposed the application. The dispute centres around the terms of an agreement between Australian Liquor Marketers and the Shop, Distributive and Allied Employees Association, which the Association argues does not meet the criteria for approval under the Fair Work Act 2009.

The court needed to determine whether the agreement was a "single interest employer agreement" and if the bargaining representatives had been appropriately selected. The opposition contended that the agreement did not properly reflect the interests of the employees and that the representatives were not duly chosen. The applicant argued that the agreement was correctly formulated and the representatives were legitimately selected.

The court held that the agreement was indeed a single interest employer agreement and that the bargaining representatives had been appropriately chosen. The court found that the terms of the agreement were consistent with the legal criteria and that the process of selecting the representatives was fair and transparent. Consequently, the application for approval was successful.

The court ordered that the Australian Liquor Marketers (WA) Pty Ltd and SDA Agreement 2013 be approved and registered under the Fair Work Act 2009. The opposition's application was dismissed with costs to be borne by the opposing party.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established