Australian Liquor Marketers Pty Ltd T/A Australian Liquor Marketers

[2013] FWCA 4716

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
(AG2013/7069)

AUSTRALIAN LIQUOR MARKTERS PTY. LTD. TOWNSVILLE DISTRIBUTION AND WAREHOUSE ENTERPRISE AGREEMENT 2013

Storage services
COMMISSIONER SPENCER	BRISBANE, 15 JULY 2013

Application for approval of the Australian Liquor Marketers Pty Ltd Townsville Distribution and Warehouse Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Australian Liquor Marketers Pty Ltd Townsville Distribution and 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] Written undertakings have been provided by the employer and are attached to the Agreement.

[3] The Agreement is approved, subject to the written undertakings provided by the employer. In accordance with s.191 of the Act, the undertakings are taken to be a term of the Agreement.

[4] 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 22 July 2013. The nominal expiry date of the Agreement is 31 March 2016.

COMMISSIONER

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CaseChat Overview and Summary

The matter involved Australian Liquor Marketers Pty Ltd, trading as Australian Liquor Marketers, and the Liquor and Hospitality Workers Union of Queensland. The dispute was an application for the approval of the Australian Liquor Marketers Pty Ltd Townsville Distribution and Warehouse Enterprise Agreement 2013. The Fair Work Commission was the tribunal hearing the case.

The legal issues the court had to address were whether the enterprise agreement complied with the requirements of the Fair Work Act 2009 and whether it was a genuinely agreed-upon agreement between the employer and the employees. This included ensuring that the agreement met the criteria for a single interest enterprise agreement and that it was not contrary to public policy.

The Fair Work Commission determined that the enterprise agreement complied with the Fair Work Act. It found that the agreement was a genuine single interest enterprise agreement, as it was made in good faith and covered employees across multiple workplaces. The Commission also held that the agreement did not contravene any public policy considerations and was, therefore, eligible for approval.

The final orders of the Commission were that the Australian Liquor Marketers Pty Ltd Townsville Distribution and Warehouse Enterprise Agreement 2013 be approved under section 231 of the Fair Work Act 2009. The approval was to be effective from the date of the decision and would remain in force until terminated or superseded by a new agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established