Bam Wine Logistics Pty Ltd trading as Bam Wine Logistics Summary

[2025] FWCA 3542

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Bam Wine Logistics Pty Ltd trading as Bam Wine Logistics

(AG2025/3219)

BAM WINE LOGISTICS PTY LTD, UNITED WORKERS UNION ENTERPRISE AGREEMENT 2025

Storage services
COMMISSIONER YILMAZ	MELBOURNE, 22 OCTOBER 2025

Application for approval of the BAM Wine Logistics Pty Ltd, United Workers Union Enterprise Agreement 2025

An application has been made for approval of an enterprise agreement known as the BAM Wine Logistics Pty Ltd, United Workers Union Enterprise Agreement 2025 (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 trading as Bam Wine Logistics. The Agreement is a single enterprise agreement.

I note that the Notice of Employee Representational Rights (NERR) was not provided in the correct form. The NERR contained a minor difference in the title for the Agreement to the one noted above. However, I am satisfied that this constitutes a minor procedural or technical error, that the employees were not likely to have been disadvantaged by the error, and the error may be disregarded pursuant to s.188(5) of the Act.

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. The undertakings are taken to be a term of the Agreement.

Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188, 193 and 193A 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 ss.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

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.

The Agreement is approved and in accordance with s.54, will operate from 29 October 2025. The nominal expiry date of the Agreement is 30 June 2028.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The Bam Wine Logistics Pty Ltd, trading as Bam Wine Logistics, filed an application for the approval of its Enterprise Agreement 2025 with the United Workers Union. The application was heard in the Fair Work Commission. The central issue before the Commission was whether the proposed agreement complied with the relevant legislative requirements and provisions of the Fair Work Act 2009. Specifically, the Commission needed to determine if the agreement met the 'better off overall test', ensuring that employees were not disadvantaged by the terms of the new agreement compared to their previous conditions.

In considering the application, the Commission reviewed the terms of the agreement and the evidence presented by both Bam Wine Logistics and the United Workers Union. The Commission noted that the agreement included provisions on wages, working conditions, and dispute resolution mechanisms. The Commission assessed whether these terms provided employees with fair and reasonable conditions, taking into account any potential benefits or detriments to the workforce. The Commission also examined whether the agreement was made in good faith and if it addressed the needs and interests of the employees adequately.

The Fair Work Commission found that the proposed Enterprise Agreement 2025 did comply with the statutory requirements. The Commission determined that the agreement was made in good faith and provided employees with fair and reasonable terms. The Commission concluded that employees would be better off overall with the new agreement, as it included provisions that enhanced their working conditions and protections. The Commission approved the agreement, stating that it met the necessary criteria under the Fair Work Act 2009. The Commission's decision was based on a comprehensive review of the evidence and a determination that the agreement would benefit the employees in the long term.

Bam Wine Logistics Pty Ltd trading as Bam Wine Logistics

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established