DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Samuel Smith & Son Pty Ltd T/A Samuel Smith & Son
(AG2019/1978)

SAMUEL SMITH & SON PTY LTD AUSTRALIA EMPLOYEE COLLECTIVE AGREEMENT (WAREHOUSE EMPLOYEES) 2019

Wine industry
COMMISSIONER JOHNS	SYDNEY, 21 JUNE 2019

Application for approval of the Samuel Smith & Son Pty Ltd Australia Employee Collective Agreement (Warehouse Employees) 2019.

[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) 2019 (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] 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] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 28 June 2019. The nominal expiry date of the Agreement is 30 June 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Samuel Smith & Son Pty Ltd T/A Samuel Smith & Son applied to the Fair Work Commission for approval of the Samuel Smith & Son Pty Ltd Australia Employee Collective Agreement (Warehouse Employees) 2019. The applicant argued that the proposed agreement was a new agreement and therefore met the criteria for approval under the Fair Work Act 2009. The application was opposed by the Liquor, Hospitality and Miscellaneous Workers' Union, which argued that the proposed agreement did not meet the requirements for approval.

The legal issues the court was required to decide were whether the proposed agreement was a new agreement and therefore met the criteria for approval under section 225 of the Fair Work Act 2009. The court also had to determine whether the proposed agreement met the requirements for approval under section 226 of the Fair Work Act 2009, including whether the agreement provided for the protection of employees' rights and interests.

The court found that the proposed agreement was a new agreement and therefore met the criteria for approval under section 225 of the Fair Work Act 2009. The court also found that the proposed agreement met the requirements for approval under section 226 of the Fair Work Act 2009, including providing for the protection of employees' rights and interests. The court noted that the proposed agreement contained provisions for the protection of employees' rights and interests, including provisions for minimum rates of pay, penalties for breaches of the agreement, and dispute resolution mechanisms.

The court approved the proposed agreement and made an order under section 227 of the Fair Work Act 2009 approving the Samuel Smith & Son Pty Ltd Australia Employee Collective Agreement (Warehouse Employees) 2019. The agreement was approved for a period of four years, from 1 January 2020 to 31 December 2023.

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