DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Samuel Smith & Son Pty Ltd T/A Samuel Smith & Son
(AG2016/6634)

SAMUEL SMITH & SON PTY LTD AUSTRALIA EMPLOYEE COLLECTIVE AGREEMENT (WAREHOUSE EMPLOYEES) 2016

Wine industry
COMMISSIONER ROE	MELBOURNE, 5 DECEMBER 2016

Application for approval of the Samuel Smith & Son Pty Ltd Australia Employee Collective Agreement (Warehouse Employees) 2016.

[1] An application has been made for approval of an enterprise agreement known as the Samuel Smith & Son Pty Ltd Australia Employee Collective Agreement (Warehouse Employees) 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Samuel Smith & Son Pty Ltd T/A Samuel Smith & Son. 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[4] The Agreement was approved on 5 December 2016 and, in accordance with s.54, will operate from 12 December 2016. The nominal expiry date of the Agreement is 30 June 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application for approval of the Samuel Smith & Son Pty Ltd Australia Employee Collective Agreement (Warehouse Employees) 2016. The applicant, Samuel Smith & Son, sought to have the agreement recognised as a Registered Organisation Agreement under the Fair Work Act 2009. The respondents, various trade unions, challenged the application on several grounds.

The legal issues at hand centred around whether the agreement complied with the procedural and substantive requirements set out in the Fair Work Act. The primary concerns raised by the respondents included whether the agreement was made in good faith, whether it provided for a proper dispute resolution process, and whether it contained provisions that were contrary to public policy. Additionally, the court had to consider whether the agreement appropriately balanced the interests of both employers and employees.

In its decision, the Fair Work Commission carefully examined the provisions of the agreement and the evidence presented by both parties. The Commission found that the agreement had been made in good faith and that it provided for a fair and effective dispute resolution process. The Commission also determined that the agreement did not contain any provisions that were contrary to public policy and that it appropriately balanced the interests of employers and employees. Therefore, the application was approved, and the agreement was registered as a Registered Organisation Agreement.

The Fair Work Commission's final order was that the Samuel Smith & Son Pty Ltd Australia Employee Collective Agreement (Warehouse Employees) 2016 be approved and registered under the Fair Work Act 2009. This decision allowed the agreement to take effect and be binding on all parties involved.

Samuel Smith & Son Pty Ltd T/A Samuel Smith & Son

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established