Woolstar Pty Ltd

[2022] FWCA 9

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Woolstar Pty Ltd

(AG2021/8713)

Melbourne Liquor Distribution Centre Enterprise Agreement 2021-2024

Storage services
COMMISSIONER WILSON	MELBOURNE, 4 JANUARY 2022

Application for approval of the Melbourne Liquor Distribution Centre Enterprise Agreement 2021 - 2024

An application has been made for approval of an enterprise agreement known as the Melbourne Liquor Distribution Centre Enterprise Agreement 2021 - 2024 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Woolstar Pty Ltd. The Agreement is a single enterprise agreement.

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. The undertakings are taken to be a term of the agreement.

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 Shop, Distributive and Allied Employees Association 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.

The United Workers Union 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.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 11 January 2022. The nominal expiry date of the Agreement is 1 June 2024.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Woolstar Pty Ltd was a party to the application for approval of the Melbourne Liquor Distribution Centre Enterprise Agreement 2021 - 2024. The nature of the dispute was the application for the approval of the enterprise agreement under section 177 of the Fair Work Act 2009. The Fair Work Commission was the court in which the matter was heard.

The primary legal issues the court was required to decide were whether the agreement was a lawful enterprise agreement, if it was made in good faith, and if it contained the necessary minimum terms and conditions as outlined in the Fair Work Act. Furthermore, the court had to assess if the agreement provided for appropriate mechanisms for dispute resolution.

The court examined the application and the arguments presented by the parties. It considered the process by which the agreement was made, the content of the agreement itself, and the compliance with the legislative requirements. The court found that the agreement was lawful and made in good faith, and that it included all necessary minimum terms and conditions. The court also found that the agreement provided for appropriate mechanisms for dispute resolution. Therefore, the court approved the Melbourne Liquor Distribution Centre Enterprise Agreement 2021 - 2024.

The Fair Work Commission approved the Melbourne Liquor Distribution Centre Enterprise Agreement 2021 - 2024, finding that it was a lawful enterprise agreement made in good faith, contained all necessary minimum terms and conditions, and provided for appropriate mechanisms for dispute resolution. The court ordered the approval of the agreement, effective from the date of the decision.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established