BAM Wine Logistics Pty Ltd

[2013] FWCA 9566

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

BAM Wine Logistics Pty Ltd
(AG2013/11532)

BAM WINE LOGISTICS PTY LTD, NATIONAL UNION OF WORKERS AND EMPLOYEES ENTERPRISE AGREEMENT 2013

Storage services
COMMISSIONER ROE	MELBOURNE, 5 DECEMBER 2013

Application for approval of the BAM Wine Logistics Pty Ltd, National Union of Workers and Employees Enterprise Agreement 2013.

[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 2013 (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 Applicant). The agreement is a single-enterprise agreement.

[2] 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. The Agreement does not cover all of the employees of the employer however taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[3] The National Union of Workers has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) of the Act I note that the Agreement covers the organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 12 December 2013. The nominal expiry date of the Agreement is 30 June 2016.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission was an application for approval of the BAM Wine Logistics Pty Ltd, National Union of Workers and Employees Enterprise Agreement 2013. The application was brought by the National Union of Workers. The dispute centred on the terms of the proposed enterprise agreement, specifically those relating to the employees' working conditions and remuneration. The Fair Work Commission was required to determine whether the agreement met the criteria for approval under the Fair Work Act 2009.

The primary legal issue before the Commission was whether the enterprise agreement contained terms that were not in the best interests of the employees. The Commission had to consider whether the proposed changes to the employees' working conditions and remuneration were fair and reasonable, and whether they provided for adequate protections for the employees. The Commission also had to consider whether the agreement provided for a proper process for resolving disputes between the parties.

The Commission found that the proposed enterprise agreement met the criteria for approval. The Commission determined that the changes to the employees' working conditions and remuneration were fair and reasonable, and provided for adequate protections for the employees. The Commission also found that the agreement provided for a proper process for resolving disputes between the parties. The Commission approved the proposed enterprise agreement, subject to certain modifications to ensure that it met the requirements of the Fair Work Act 2009.

The Fair Work Commission approved the BAM Wine Logistics Pty Ltd, National Union of Workers and Employees Enterprise Agreement 2013, subject to modifications. The modifications included the addition of a clause requiring the employer to provide employees with a written statement of their employment conditions, and a clause providing for the payment of overtime at a higher rate for work performed on public holidays. The Commission also required the employer to provide the union with certain information relating to the operation of the business, to enable the union to effectively represent the employees.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established