DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Australian Liquor Marketers (WA) Pty Ltd T/A Australian Liquor Marketers (ALM)
(AG2017/3440)

AUSTRALIAN LIQUOR MARKETERS (WA) PTY LTD AND SDA AGREEMENT 2016

Storage services
COMMISSIONER MCKINNON	MELBOURNE, 18 OCTOBER 2017

Application for approval of the Australian Liquor Marketers (WA) Pty Ltd and SDA Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Australian Liquor Marketers (WA) Pty Ltd and SDA 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 (WA) Pty Ltd TA Australian Liquor Marketers (ALM). 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 Shop, Distributative 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 25 October 2017. The nominal expiry date of the Agreement is 31 March 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Australian Liquor Marketers (WA) Pty Ltd, trading as Australian Liquor Marketers, applied to the Fair Work Commission for the approval of an enterprise agreement. The agreement was proposed in accordance with the Fair Work Act 2009 and related to the operations of liquor marketing and distribution services in Western Australia. The application was made by the company, and the Australian Services Union was the union involved. The dispute centred around the terms and conditions of employment and other matters specified in the proposed agreement.

The primary legal issues the court had to address were whether the agreement complied with the procedural and substantive requirements of the Fair Work Act. This involved examining whether the agreement had been made in accordance with the prescribed processes, including if there had been genuine bargaining and if the agreement contained mandatory terms. The court also needed to determine whether the agreement was in the best interests of the employees and whether it met the good faith bargaining criteria.

In its decision, the Fair Work Commission found that the agreement had been made in accordance with the requirements of the Fair Work Act. The commission considered the evidence provided by the parties and was satisfied that the process of bargaining was genuine. The commission determined that the agreement contained all the mandatory terms and that it was in the best interests of the employees. The commission also found that the agreement met the criteria for good faith bargaining. Consequently, the commission approved the proposed agreement.

The Fair Work Commission issued an order approving the Australian Liquor Marketers (WA) Pty Ltd and SDA Agreement 2016. This order legally binds the employer and the employees and sets out the terms and conditions of employment under the approved agreement.

Australian Liquor Marketers (WA) Pty Ltd T/A Australian Liquor Marketers (ALM)

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established