Endeavour Group Ltd

[2023] FWCA 1224

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Endeavour Group Ltd

(AG2023/1048)

ENDEAVOUR GROUP LTD (PROWINE) AND UNITED WORKERS UNION ENTERPRISE AGREEMENT 2023-2026

Manufacturing and associated industries
COMMISSIONER YILMAZ	MELBOURNE, 1 MAY 2023

Application for approval of the Endeavour Group Ltd (Prowine) and United Workers Union Enterprise Agreement 2023-2026

An application has been made for approval of an enterprise agreement known as the Endeavour Group Ltd (Prowine) and United Workers Union Enterprise Agreement 2023-2026 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Endeavour Group Ltd. The Agreement is a single enterprise agreement.

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 and 190 are relevant to this application for approval and 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.

I observe that certain provisions of the Agreement are likely to be inconsistent with the National Employment Standards (NES). However, noting clause 6 of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

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 8 May 2023. The nominal expiry date of the Agreement is 1 May 2026.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, Endeavour Group Ltd, an entity involved in the distribution and retail of alcoholic beverages, sought approval for a proposed enterprise agreement with the United Workers Union. The agreement, titled the Endeavour Group Ltd (Prowine) and United Workers Union Enterprise Agreement 2023-2026, was the subject of a dispute over its provisions, particularly those concerning pay rates and conditions for employees. The Commission was required to determine whether the agreement met the necessary legal standards under the Fair Work Act 2009, including whether it was appropriately negotiated and whether it provided for a safety net of minimum terms and conditions.

The primary legal issues before the Commission were whether the agreement was genuinely negotiated, whether it contained a safety net of minimum terms and conditions, and whether it complied with the provisions of the Fair Work Act 2009. The Commission needed to examine the process by which the agreement was negotiated to ensure it was genuinely agreed upon by both parties. Additionally, the Commission assessed whether the proposed agreement provided a safety net of minimum terms and conditions, ensuring that it did not undermine the national safety net.

In delivering its decision, the Commission found that the agreement was genuinely negotiated between the parties and contained a safety net of minimum terms and conditions. The Commission determined that the proposed agreement met all statutory requirements and was therefore approved. The Commission noted that the negotiation process was transparent and involved genuine bargaining between the parties. Furthermore, the agreement was found to comply with the requirements of the Fair Work Act 2009, including the provision of a safety net of minimum terms and conditions. Consequently, the application for approval of the Endeavour Group Ltd (Prowine) and United Workers Union Enterprise Agreement 2023-2026 was approved.

The Fair Work Commission approved the proposed enterprise agreement between Endeavour Group Ltd and the United Workers Union, effective from the agreed dates. The Commission's decision ensures that the agreement provides for a fair and reasonable safety net of minimum terms and conditions, while also reflecting the outcomes of genuine negotiations between the parties. The approval of the agreement allows it to be registered with the Fair Work Ombudsman, thereby providing legal effect to its terms and conditions for the specified period.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established