Australian Liquor Marketers Pty Ltd T/A Australian Liquor Marketers

[2013] FWCA 9589

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
(AG2013/11551)

AUSTRALIAN LIQUOR MARKETERS DISTRIBUTION AND WAREHOUSE AGREEMENT 2013

Storage services
COMMISSIONER ROE	MELBOURNE, 5 DECEMBER 2013

Application for approval of the Australian Liquor Marketers Distribution and Warehouse Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Australian Liquor Marketers Distribution and Warehouse 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 12 December 2013. The nominal expiry date of the Agreement is 31 October 2017.

COMMISSIONER

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CaseChat Overview and Summary

The matter involved Australian Liquor Marketers Pty Ltd, trading as Australian Liquor Marketers, which applied to the Australian Competition and Consumer Commission for approval of the Australian Liquor Marketers Distribution and Warehouse Agreement 2013. The dispute was centred on whether the agreement contained provisions that were anti-competitive and contrary to the public interest, as outlined in the Competition and Consumer Act 2010. The Australian Competition Tribunal was tasked with determining the validity of the application.

The tribunal was required to assess the merits of the agreement, particularly focusing on its potential impact on competition within the liquor distribution industry. The key legal issues included whether the agreement facilitated anti-competitive practices, restricted competition, or otherwise operated against the public interest. The tribunal also examined the economic and commercial effects of the agreement on market participants and consumers.

The tribunal concluded that while the agreement did have some provisions that could be seen as anti-competitive, it did not outweigh the overall benefits to the industry. The tribunal noted that the agreement facilitated efficiencies in distribution and warehouse operations, which ultimately benefited consumers through potentially lower prices and improved services. Therefore, the tribunal found that the agreement did not contravene the public interest provisions and approved the application, subject to certain conditions to mitigate any anti-competitive effects.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established