DECISION

Fair Work Act 2009
s.185—Enterprise agreement

BAM Wine Logistics Pty Ltd
(AG2016/6911)

BAM WINE LOGISTICS PTY LTD, NATIONAL UNION OF WORKERS AND EMPLOYEES ENTERPRISE AGREEMENT 2016

Storage services
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 22 DECEMBER 2016

Application for approval of the BAM Wine Logistics Pty Ltd, National Union of Workers and Employees Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the BAM Wine Logistics Pty Ltd, National Union of Workers and Employees 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 BAM Wine Logistics Pty Ltd. 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, and on the basis of the material contained in the application and accompanying statutory declaration, 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] 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.

[5] 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) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[6] The Agreement was approved on and, in accordance with s.54, will operate from 29 December 2016. 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 parties involved in this case were BAM Wine Logistics Pty Ltd, the National Union of Workers and the employees of BAM Wine Logistics. The dispute centred on the application for approval of the BAM Wine Logistics Pty Ltd, National Union of Workers and Employees Enterprise Agreement 2016. The Fair Work Commission was the court that heard this matter.

The legal issues that the court had to address were whether the agreement complied with the provisions of the Fair Work Act 2009 and whether it was in the best interests of the employees. The court had to determine if the agreement met the requirements for minimal terms, if it contained any unfair provisions, and whether it was free from any discriminatory clauses. The court also had to assess if the agreement provided for fair and reasonable terms and conditions for the employees.

The court carefully examined the agreement and found that it complied with the necessary provisions of the Fair Work Act. The agreement was deemed to be in the best interests of the employees as it provided for fair and reasonable terms and conditions. The court concluded that the agreement was free from any unfair or discriminatory clauses and that it met the requirements for minimal terms. Therefore, the court approved the BAM Wine Logistics Pty Ltd, National Union of Workers and Employees Enterprise Agreement 2016.

The final order of the court was the approval of the enterprise agreement, which would now be legally binding on all parties involved. This decision ensured that the employees of BAM Wine Logistics would have a fair and reasonable agreement in place, protecting their rights and interests within the company.

BAM Wine Logistics Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established