DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Australian Liquor Marketers Pty Ltd T/A Australian Liquor Marketers (Tasmania)
(AG2017/4343)

AUSTRALIAN LIQUOR MARKETERS (TASMANIA) AND NATIONAL UNION OF WORKERS WAREHOUSING AGREEMENT 2017

Tasmania
DEPUTY PRESIDENT MASSON	MELBOURNE, 30 JANUARY 2018

Application for approval of the Australian Liquor Marketers (Tasmania) and National Union of Workers Warehousing Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Australian Liquor Marketers (Tasmania) and National Union of Workers Warehousing Agreement 2017 (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 (Tasmania). The Agreement is a single enterprise agreement.

[2] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 6 February 2018. The nominal expiry date of the Agreement is 30 June 2019.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case before the Fair Work Commission involved Australian Liquor Marketers Pty Ltd trading as Australian Liquor Marketers (Tasmania) and the National Union of Workers. The primary matter at hand was the application for the approval of the Australian Liquor Marketers (Tasmania) and National Union of Workers Warehousing Agreement 2017. The Commission was tasked with determining whether the agreement met the necessary criteria under the Fair Work Act 2009 for it to be formally approved.

The key legal issues before the Commission were whether the agreement was made in good faith, whether it was free from coercion and undue influence, and whether it provided for the proper protection of employees' interests. Furthermore, the Commission needed to consider whether the agreement complied with the relevant provisions of the Fair Work Act and whether it was in the best interests of the employees covered by the agreement.

In examining these issues, the Commission took into account the negotiation process, the terms of the agreement, and the views of the parties involved. The Commission found that the agreement was made in good faith and was free from any coercion or undue influence. The terms of the agreement were deemed to be fair and reasonable, providing adequate protection for the employees. The Commission was satisfied that the agreement complied with the Fair Work Act and was in the best interests of the employees. Consequently, the Commission approved the application and the agreement was formally registered.

Australian Liquor Marketers Pty Ltd T/A Australian Liquor Marketers (Tasmania)

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established