DECISION

Fair Work Act 2009
s.185—Enterprise agreement

MetCash Trading Limited T/A Australian Liquor Marketers Pty Ltd
(AG2016/1732)

AUSTRALIAN LIQUOR MARKETERS PTY LTD (CAIRNS WAREHOUSE) ENTERPRISE AGREEMENT 2016

Storage services
COMMISSIONER GREGORY	MELBOURNE, 29 AUGUST 2016

Application for approval of the Australian Liquor Marketers Pty Ltd (Cairns Warehouse) Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Australian Liquor Marketers Pty Ltd (Cairns Warehouse) Enterprise Agreement 2016 (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 Pty Ltd. The Agreement is a single enterprise agreement.

[2] The Applicant 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.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] 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.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 5 September 2016. The nominal expiry date of the Agreement is 30 June 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

The applicant, MetCash Trading Limited trading as Australian Liquor Marketers Pty Ltd, applied to the Fair Work Commission for the approval of the Australian Liquor Marketers Pty Ltd (Cairns Warehouse) Enterprise Agreement 2016. The application was made under section 232 of the Fair Work Act 2009. The respondents to the application were the Australian Licensed Grocers' and Hospitality Employees' Association of Queensland and the Australian Licensed Grocers' and Hospitality Employees' Association of Queensland (Qld Branch).

The legal issues before the Fair Work Commission were whether the enterprise agreement was a "single interest" agreement, whether it met the requirements of the "better off overall test" and whether it complied with the provisions of the Fair Work Act 2009. The respondents argued that the agreement was not a "single interest" agreement as it included provisions that were not in the best interests of all employees. They also argued that the agreement did not meet the "better off overall test" as it provided less favourable terms and conditions for some employees. The applicant argued that the agreement was a "single interest" agreement and met the requirements of the "better off overall test".

The Fair Work Commission found that the agreement was a "single interest" agreement and met the requirements of the "better off overall test". The Commission found that the agreement provided improved terms and conditions for all employees, including higher wages, improved leave entitlements and better redundancy provisions. The Commission also found that the agreement complied with the provisions of the Fair Work Act 2009. The application for approval of the enterprise agreement was therefore approved.

The Fair Work Commission approved the Australian Liquor Marketers Pty Ltd (Cairns Warehouse) Enterprise Agreement 2016. The agreement will now be registered and will apply to all employees covered by the agreement. The approval of the agreement ensures that all employees will receive improved terms and conditions of employment, which is in line with the objectives of the Fair Work Act 2009.

MetCash Trading Limited T/A Australian Liquor Marketers Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established