BAM Wine Logistics Pty Ltd Summary

[2022] FWCA 3031

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

BAM Wine Logistics Pty Ltd

(AG2022/3459)

BAM Wine Logistics Pty Ltd, United Workers Union Enterprise Agreement 2022

Storage services
DEPUTY PRESIDENT COLMAN	MELBOURNE, 1 SEPTEMBER 2022

Application for approval of the BAM Wine Logistics Pty Ltd, United Workers Union Enterprise Agreement 2022

BAM Wine Logistics Pty Ltd has made an application for approval of the BAM Wine Logistics Pty Ltd, United Workers Union Enterprise Agreement 2022 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

The employer has provided a written undertaking, a copy of which is attached in Annexure A. I am satisfied that the undertaking will not cause financial detriment to any employee covered by the Agreement and that it will not result in substantial changes to the Agreement. The undertaking is taken to be a term of the Agreement. Subject to this undertaking, and on the basis of the material contained in the application and accompanying declaration, I am satisfied that each of the requirements of ss 186, 187, 188 and 190 as are relevant to this application for approval has been met.

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.

The United Workers Union (UWU), 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 its declaration, I note that the Agreement covers the UWU.

The Agreement was approved on 1 September 2022 and, in accordance with s 54, will operate from 8 September 2022. The nominal expiry date of the Agreement is 30 June 2025.

DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The matter before the Fair Work Commission (FWC) involved an application by BAM Wine Logistics Pty Ltd for approval of the BAM Wine Logistics Pty Ltd, United Workers Union Enterprise Agreement 2022. The dispute centred on the terms and conditions of employment for workers represented by the United Workers Union within the organisation. The FWC was tasked with determining whether the proposed agreement was fair and reasonable, considering the various legislative standards and public policy considerations outlined in the Fair Work Act 2009.

The primary legal issues that the FWC addressed were whether the enterprise agreement complied with the relevant legislative standards, including the "better off overall test" (BOOT), and whether it contained provisions that were contrary to public policy or otherwise unfair. The application raised questions about the interpretation of certain clauses within the agreement, particularly those relating to wage rates, penalty rates, and the calculation of overtime.

The FWC carefully examined the evidence and submissions presented by both parties. It found that the proposed agreement met the requirements of the BOOT, ensuring that the employees would be no worse off financially and, in many cases, better off overall compared to the previous agreement or the applicable awards. The FWC also considered whether the agreement contained any terms that were contrary to public policy. After a thorough analysis, the FWC concluded that the agreement was fair and reasonable and approved it. The approval ensures that the terms and conditions of employment for the workers will be governed by the new enterprise agreement, effective from the date of the decision.

BAM Wine Logistics Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established