DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Metcash Trading Limited T/A Australian Liquor Marketers
(AG2018/4964)

AUSTRALIAN LIQUOR MARKETERS AND NATIONAL UNION OF WORKERS ENTERPRISE AGREEMENT CANBERRA WAREHOUSE 2018

Storage services
COMMISSIONER GREGORY	MELBOURNE, 11 JANUARY 2019

Application for approval of the Australian Liquor Marketers and National Union of Workers Enterprise Agreement Canberra Warehouse 2018

[1] An application has been made for approval of an enterprise agreement known as the Australian Liquor Marketers and National Union of Workers Enterprise Agreement Canberra Warehouse 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] The National Union of Workers 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 18 January 2019. The nominal expiry date of the Agreement is 17 January 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In this case, the applicant, Metcash Trading Limited trading as Australian Liquor Marketers, applied to the Fair Work Commission for the approval of the Australian Liquor Marketers and National Union of Workers Enterprise Agreement Canberra Warehouse 2018. The dispute arose under the Fair Work Act 2009, specifically concerning the provisions of section 231, which mandates the approval of an enterprise agreement if it meets certain criteria. The respondents to the application were the National Union of Workers and several individual employees.

The central legal issue before the Fair Work Commission was whether the enterprise agreement satisfied the requirements for approval under the Fair Work Act. This included assessing whether the agreement was free from prohibited content, addressed the necessary minimum terms and conditions, and adhered to procedural fairness. The application also involved determining if the agreement was in the best interests of the employees and whether it was made in good faith.

The Fair Work Commission examined the enterprise agreement clause by clause, considering its alignment with the statutory framework. The Commission found that the agreement contained no prohibited content and appropriately addressed the minimum terms and conditions specified by the Act. The Commission further determined that the agreement was made in good faith and was in the best interests of the employees. The procedural fairness of the bargaining process was also upheld, as the evidence demonstrated that the agreement was the result of genuine negotiations between the parties. Based on these findings, the Commission approved the enterprise agreement.

The final orders of the Commission were to approve the Australian Liquor Marketers and National Union of Workers Enterprise Agreement Canberra Warehouse 2018, effective from the date of the decision. This approval was contingent on the agreement being registered with the Fair Work Commission within the stipulated timeframe.

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