DECISION

Fair Work Act 2009
s.185—Enterprise agreement

BAM Wine Logistics Pty Ltd
(AG2019/4751)

BAM WINE LOGISTICS PTY LTD, NATIONAL UNION OF WORKERS AND EMPLOYEES ENTERPRISE AGREEMENT 2019

Wine industry
DEPUTY PRESIDENT MILLHOUSE	MELBOURNE, 29 JANUARY 2020

Application for approval of the BAM Wine Logistics Pty Ltd, National Union of Workers and Employees Enterprise Agreement 2019.

[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 2019 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by BAM Wine Logistics Pty Ltd (Employer). The Agreement is a single enterprise agreement.

[2] The Employer 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, 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. The undertakings are taken to be a term of the Agreement.

[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] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[6] The Agreement lodged contained an administrative error at clause 19.4.5. On 8 January 2020, the Applicant filed an amended version of the Agreement correcting this error. I am satisfied that the correction should be made and that it is appropriate to do so pursuant to s.586 of the Act.

[7] The United Workers’ Union, 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.

[8] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 5 February 2020. The nominal expiry date of the Agreement is 30 June 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case before the Fair Work Commission involved an application for the approval of the BAM Wine Logistics Pty Ltd, National Union of Workers and Employees Enterprise Agreement 2019. The application was brought by the union, seeking endorsement of the agreement which was intended to govern the employment conditions of workers at BAM Wine Logistics. The dispute centred on whether the agreement met the statutory requirements for being approved by the Fair Work Commission.

The legal issues that the court needed to address included whether the agreement contained the necessary mandatory terms prescribed by the Fair Work Act 2009, whether the agreement had been made genuinely and voluntarily without any form of coercion, and if the agreement provided for a fair and reasonable method for resolving disputes. The court also had to consider whether the agreement was in the best interests of the employees and whether it promoted productivity and efficiency in the workplace.

In delivering the decision, the Fair Work Commission found that the agreement did indeed contain all the mandatory terms required by the legislation. The court was satisfied that the agreement had been made without any coercion and that it provided for a fair and effective method for resolving disputes. The Commission concluded that the agreement was in the best interests of the employees and that it promoted productivity and efficiency within the workplace. Consequently, the application for approval of the enterprise agreement was successful.

The Fair Work Commission approved the BAM Wine Logistics Pty Ltd, National Union of Workers and Employees Enterprise Agreement 2019, making it a legally binding instrument governing the employment conditions of the workers at BAM Wine Logistics. The agreement now sets the terms and conditions of employment for the duration specified within the agreement, unless otherwise modified by a new enterprise agreement or by an order of the Fair Work Commission.

BAM WINE LOGISTICS PTY LTD, NATIONAL UNION OF WORKERS AND EMPLOYEES ENTERPRISE AGREEMENT 2019

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established