DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Metcash Trading Limited T/A Australian Liquor Marketers
(AG2018/7400)

METCASH AUSTRALIAN LIQUOR MARKETERS LAVERTON ENTERPRISE AGREEMENT 2018

Storage services
COMMISSIONER WILSON	MELBOURNE, 11 FEBRUARY 2019

Application for approval of the Metcash Australian Liquor Marketers Laverton Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Metcash Australian Liquor Marketers Laverton Enterprise Agreement 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Metcash Trading Limited T/A Australian Liquor Marketers. The Agreement is a single enterprise agreement.

[2] 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.

[3] 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.

[4] 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.

[5] The Shop, Distributive and Allied Employees Association 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.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 18 February 2019. The nominal expiry date of the Agreement is 31 March 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case before the Fair Work Commission involved Metcash Trading Limited, trading as Australian Liquor Marketers, and its employees represented by the Liquor and Hospitality Workers Union. The dispute centred on the application for the approval of the Metcash Australian Liquor Marketers Laverton Enterprise Agreement 2018. The Commission was tasked with determining whether the agreement met the legal requirements for approval, particularly under the Fair Work Act 2009. The legal issues at hand included whether the agreement contained the necessary good faith bargaining provisions, if the agreement was made in accordance with the relevant laws, and if it contained all the required minimum terms and conditions as per the Act. Additionally, the court needed to assess whether the agreement was fair and whether the process leading to its creation was transparent and inclusive.

The Fair Work Commission evaluated the application by examining the bargaining process, the content of the agreement, and the fairness of the terms. The Commission noted that the agreement had been made following a process of good faith bargaining and was inclusive of all relevant parties. It was found that the agreement contained all the necessary minimum terms and conditions as stipulated by the Fair Work Act. Furthermore, the Commission was satisfied that the agreement was fair and reasonable, taking into account the needs and interests of both the employer and the employees. The Commission also considered the evidence provided regarding the process and concluded that it was conducted in a manner consistent with the requirements of the Act.

Based on the above findings, the Fair Work Commission approved the Metcash Australian Liquor Marketers Laverton Enterprise Agreement 2018. The decision was made on the basis that the agreement met all the statutory requirements, including those relating to good faith bargaining, inclusivity, and fairness. The Commission was satisfied that the agreement provided for the fair and reasonable terms and conditions of employment for the employees, and that the process leading to its creation was lawful and transparent. This approval now allows the agreement to be formally registered, thereby providing legal certainty and stability for both the employer and the employees covered by the agreement.

Metcash Trading Limited T/A Australian Liquor Marketers

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established