Australian Liquor Marketers Pty Ltd T/A Australian Liquor Marketers Summary

[2013] FWCA 7035

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Australian Liquor Marketers Pty Ltd T/A Australian Liquor Marketers
(AG2013/7497)

AUSTRALIAN LIQUOR MARKETERS PTY LTD (CAIRNS WAREHOUSE) ENTERPRISE AGREEMENT 2013

Storage services
COMMISSIONER GREGORY	MELBOURNE, 16 SEPTEMBER 2013

Application for approval of the Australian Liquor Marketers Pty Ltd (Cairns Warehouse) Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Australian Liquor Marketers Pty Ltd (Cairns Warehouse) 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 Australian Liquor Marketers Pty Ltd T/A Australian Liquor Marketers The agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[3] The National Union of Workers, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2), 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 23 September 2013. The nominal expiry date of the Agreement is 30 June 2016.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Australian Liquor Marketers Pty Ltd, trading as Australian Liquor Marketers, applied to the Fair Work Commission for approval of the Australian Liquor Marketers Pty Ltd (Cairns Warehouse) Enterprise Agreement 2013. The application involved employees who were members of the Shop, Distributive and Allied Employees Association Queensland Branch. The primary dispute centred around the provisions of the proposed enterprise agreement and its compliance with relevant industrial laws.

The legal issues before the court were whether the proposed agreement met the requirements of the Fair Work Act 2009, specifically sections concerning minimum entitlements, the process of agreement formation, and the procedural fairness in the bargaining process. The court had to determine if the agreement had been fairly negotiated and if it provided adequate protections and benefits for the employees.

In evaluating the application, the Fair Work Commission considered the process by which the agreement was formed, ensuring that it adhered to the principles of genuine negotiation and procedural fairness. The Commission also scrutinised the terms of the agreement to verify that they complied with the minimum standards prescribed by the Fair Work Act. After careful consideration, the Commission found that the agreement was appropriately negotiated and met the necessary legal requirements. Consequently, the Commission approved the enterprise agreement.

The Fair Work Commission's final orders included the approval of the Australian Liquor Marketers Pty Ltd (Cairns Warehouse) Enterprise Agreement 2013, recognising it as a lawful and fair agreement that provided for the employees' rights and entitlements as per the industrial laws.

Australian Liquor Marketers Pty Ltd T/A Australian Liquor Marketers

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established