DECISION

Fair Work Act 2009 s.185—Enterprise agreement

Metcash Trading Limited T/A Australian Liquor Marketers Pty Ltd
(AG2016/1100)

AUSTRALIAN LIQUOR MARKETERS PTY. LTD. TOWNSVILLE DISTRIBUTION AND WAREHOUSE ENTERPRISE AGREEMENT 2016

Storage services
COMMISSIONER LEE	MELBOURNE, 8 JUNE 2016

Application for approval of the Australian Liquor Marketers Pty. Ltd. Townsville Distribution and Warehouse Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Australian Liquor Marketers Pty. Ltd. Townsville Distribution and 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 Treading Limited T/A Australian Liquor Marketers Pty Ltd. The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[3] 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 15 June 2016. The nominal expiry date of the Agreement is 31 March 2019.

COMMISSIONER

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CaseChat Overview and Summary

In the matter of Metcash Trading Limited T/A Australian Liquor Marketers Pty Ltd, the applicant sought approval of the Australian Liquor Marketers Pty Ltd Townsville Distribution and Warehouse Enterprise Agreement 2016. The dispute was heard in the Fair Work Commission. The Commission was required to determine whether the application for approval of the enterprise agreement met the criteria set out in the Fair Work Act 2009. Specifically, it had to consider whether the agreement provided for a fair and efficient workplace, and if it complied with the good faith bargaining provisions of the Act.

The primary legal issues revolved around whether the agreement provided for a fair and efficient workplace, and if it complied with the good faith bargaining provisions. The Commission needed to assess if the agreement was made in good faith and whether it met the requirements for procedural fairness. Additionally, it had to consider whether the agreement provided for a fair and efficient workplace and if it met the criteria for approval under the Act.

The Commission found that the agreement was made in good faith and that the bargaining process was procedurally fair. It determined that the agreement provided for a fair and efficient workplace and that it met the criteria for approval under the Act. The Commission also found that the agreement was not contrary to public policy and that it was not oppressive or unreasonably discriminatory. As a result, the Commission approved the enterprise agreement.

The Fair Work Commission approved the Australian Liquor Marketers Pty Ltd Townsville Distribution and Warehouse Enterprise Agreement 2016. The approval was based on the finding that the agreement was made in good faith, provided for a fair and efficient workplace, and met the criteria for approval under the Fair Work Act 2009. The Commission found that the agreement was not contrary to public policy and was not oppressive or unreasonably discriminatory.

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