Liquorland (Australia) Pty Ltd; Liquorland (QLD) Pty Ltd; LHG Pty Ltd

[2014] FWCA 962

[2014] FWCA 962

FAIR WORK COMMISSION

DECISION

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

Liquorland (Australia) Pty Ltd; Liquorland (QLD) Pty Ltd; LHG Pty Ltd
(AG2013/12800)

COLES LIQUOR GROUP RETAIL AGREEMENT 2014

Retail industry
COMMISSIONER BULL	SYDNEY, 7 FEBRUARY 2014

Application for approval of the Coles Liquor Group Retail Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Coles Liquor Group Retail Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

[2] On 13 January 2014, the Commission wrote to the Applicant and the Shop, Distributive and Allied Employees Association (SDAEA) and The Australian Workers' Union (AWU), being bargaining representatives for the Agreement with respect to concerns it had with the Agreement. In particular, the concerns related to the coverage of the Agreement and the span of ordinary hours.

[3] Correspondence was received from the Applicant on 20 January and 6 February 2014.

Undertakings

Agreement coverage

[4] In its correspondence, the Commission notes that this Application is made by Liquorland (Australia) Pty Ltd, Liquorland (QLD) Pty Ltd and LHG Pty Ltd and seeks to cover 4,750 employees. The Commission requested further information with respect to clause 2 - Agreement definitions, to clarify the definition of ‘Company’ at sub clause 2.1(d) of the Agreement, in particular the words ‘any other related corporate entity’.

[5] The Applicant has provided an undertaking not to apply the words ‘any other related corporate entity’ and that the word ‘Company’ at sub clause 2.1(d) of the Agreement shall mean Liquorland (Australia) Pty Ltd, Liquorland (QLD) Pty Ltd and LHG Pty Ltd.

Span of ordinary hours

[6] In its correspondence to the Applicant and the SDAEA and AWU, the Commission noted that the span of ordinary hours contained at clause 10 - Hours of work, in particular, sub clause 10.1 was greater than the span of ordinary hours provided for under the General Retail Industry Award 2010 (the Award), being the relevant modern award for the purposes of the better off overall test.

[7] The Applicant has provided to the Commission a number of indicative rosters and calculations to demonstrate employees are better off overall under the Agreement despite the increased span of ordinary hours.

[8] Further, the Applicant has provided an undertaking that despite the span of ordinary hours in the Agreement being 6:00am to Midnight, Monday to Sunday, no stores open for trading prior to 9:00am, Monday to Saturday and 10:00am Sunday with the majority of stores opening at 10:00am for trade, Monday to Sunday and that no stores open for trading between 11:00pm to Midnight, Monday to Sunday.

[9] No correspondence was received from the SDAEA or AWU.

[10] Upon review of the Applicant’s correspondence and undertakings, I am satisfied that employees are better off overall under the Agreement.

[11] These undertakings are taken to be a term of the Agreement. A copy of the undertakings is attached at Annexure A.

[12] I have sought the views of the bargaining representatives, in respect of the undertakings, pursuant to s.190(4) of the Act. The bargaining representatives have not advised of any concerns with the undertakings provided.

[13] The Agreement covers weekly paid employees in liquor retail operations nationally who are engaged in retail stores which sell packaged liquor and whose classifications are specified in the Agreement. I am satisfied that pursuant to s.186(3A) of the Act, this group is fairly chosen as being operationally or organisationally distinct.

[14] I am satisfied that each of the requirements of ss.187 and 188 of the Act as are relevant to the application for approval have been met.

[15] The SDAEA and the AWU being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to them. In accordance with s.201(2) I note that the Agreement covers these organisations.

[16] The Agreement is approved. In accordance with s.54(1) the Agreement will operate from 14 February 2014. The nominal expiry date of the Agreement is 31 December 2017.

COMMISSIONER

Annexure A

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