| [2025] FWCA 3218 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Metcash Trading Limited
(AG2025/3060)
AUSTRALIAN LIQUOR MARKETERS (CAIRNS WAREHOUSE) ENTERPRISE AGREEMENT 2025
| Storage services | |
| COMMISSIONER HUNT | BRISBANE, 23 SEPTEMBER 2025 |
Application for approval of the Australian Liquor Marketers (Cairns Warehouse) Enterprise Agreement 2025
Metcash Trading Limited (the Employer) has applied for approval of an enterprise agreement known as the Australian Liquor Marketers (Cairns Warehouse) Enterprise Agreement 2025 (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.
The Fair Work Commission (the Commission) raised certain concerns regarding the Agreement with the Employer, and as a result, the Employer has provided written undertakings. A copy of the undertakings is attached at Annexure A. Pursuant to s.190(4) of the Act, I sought the views of the employee bargaining representatives regarding the undertakings, allowing a period of two business days from receipt of the undertakings to provide any views. No views were received.
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. Pursuant to s.190 of the Act, I accept the undertakings. In accordance with s.201(3) of the Act, I note that the undertakings are taken to be a term of the Agreement.
I have taken into consideration the material filed in the Commission. Subject to the undertakings referred to above, 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 Agreement does not cover all of the employees of the employer, however, taking into account s.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.
The Agreement is approved and, in accordance with s.54 of the Act, will operate from 30 September 2025. The nominal expiry date of the Agreement is 30 June 2028.
COMMISSIONER
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Annexure A – Undertakings
- AGLC
- Metcash Trading Limited [2025] FWCA 3218
- Case
- [2025] FWCA 3218
- Decision Date
CaseChat Overview and Summary
The primary legal issue before the Commission was whether the agreement complied with the requirements of the Fair Work Act 2009. Specifically, the Commission needed to assess whether the agreement was made in good faith and whether it provided for fair and reasonable terms and conditions. The applicant argued that the agreement met all necessary criteria, while no objections were formally raised by any party. The Commission's task was to thoroughly review the agreement to ensure it adhered to the legislative standards, including whether it promoted fair and productive workplace relations.
In reaching its decision, the Commission considered the content of the agreement and the process by which it was negotiated. The Commission found that the agreement was made in good faith and contained provisions that were fair and reasonable. The agreement addressed key employment terms, including minimum wages, leave entitlements, and dispute resolution mechanisms, all of which were in line with legislative requirements. The Commission concluded that the agreement was not only compliant but also fostered a productive and harmonious workplace environment. Consequently, the Commission approved the Australian Liquor Marketers (Cairns Warehouse) Enterprise Agreement 2025.
Orders
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
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Ratio Decidendi
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