DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Australian Liquor Marketers Pty Ltd T/A Australian Liquor Marketers
(AG2016/7061)

AUSTRALIAN LIQUOR MARKETERS (ALM) DARWIN DISTRIBUTION AND WAREHOUSE ENTERPRISE AGREEMENT 2016

Northern Territory
COMMISSIONER SAUNDERS	NEWCASTLE, 23 DECEMBER 2016

Application for approval of the Australian Liquor Marketers (ALM) Darwin Distribution and Warehouse Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Australian Liquor Marketers (ALM) Darwin Distribution and Warehouse Enterprise Agreement 2016. (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] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[4] The Shop, Distributive and Allied Employees Association 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 30 December 2016. The nominal expiry date of the Agreement is 1 October 2019.

COMMISSIONER

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CaseChat Overview and Summary

In the matter of Australian Liquor Marketers Pty Ltd T/A Australian Liquor Marketers, the Fair Work Commission considered an application for the approval of the Darwin Distribution and Warehouse Enterprise Agreement 2016. The applicant, Australian Liquor Marketers, sought approval of the agreement which aimed to regulate the terms and conditions of employment for its employees in the Darwin distribution and warehouse. The dispute arose from the negotiation and subsequent approval process of the agreement under the Fair Work Act 2009.

The central legal issue before the Fair Work Commission was whether the agreement met the requirements for approval under the Fair Work Act. Specifically, the Commission needed to determine if the agreement contained the necessary minimum terms as prescribed by the Act, and if it was made in good faith. The applicant argued that the agreement had been negotiated in good faith and contained all requisite minimum terms. The Commission needed to examine these claims, considering submissions from both parties and any relevant precedent or statutory provisions.

In reaching its decision, the Commission examined the negotiation process and content of the agreement. It found that the agreement had been negotiated in good faith and contained all the necessary minimum terms as stipulated by the Fair Work Act. The Commission also took into account the context of the industry and the specific needs of the employees. After careful consideration, the Commission was satisfied that the agreement complied with the statutory requirements and approved it. The applicant's application for the approval of the Darwin Distribution and Warehouse Enterprise Agreement 2016 was thus granted.

Australian Liquor Marketers Pty Ltd T/A Australian Liquor Marketers

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established