Woolworths Limited T/A Dan Murphy’s

[2013] FWCA 818

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Woolworths Limited T/A Dan Murphy’s
(AG2012/14200)

DAN MURPHY’S AGREEMENT 2012

Retail industry
JUSTICE BOULTON, SENIOR DEPUTY PRESIDENT	MELBOURNE, 8 FEBRUARY 2013

Application for approval of the Dan Murphy’s Agreement 2012.

[1] An application has been made for the approval of an enterprise agreement known as the Dan Murphy’s Agreement 2012 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

[2] The Agreement was not lodged within 14 days after it was made. Pursuant to s.185(3)(b) of the Act, I consider it fair to extend the time for making this application until the actual date of lodgement.

[3] It is noted that the Agreement does not contain a flexibility term that complies with s.203 of the Act. In accordance with s.202(4), the Agreement shall be taken to include all of the provisions of the model flexibility term set out in Schedule 2.2 of the Fair Work Regulations 2009 (the Regulations).

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

[5] 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) of the Act, I note the Agreement covers the organisation.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 15 February 2013. The nominal expiry date of the Agreement is 1 July 2015.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the court involved Woolworths Limited trading as Dan Murphy's, who sought approval for an agreement entered into with certain retail liquor store owners. The dispute arose under the Australian Consumer Law, with the applicants seeking to have the agreement validated. The application was heard in the Federal Court of Australia.

The central legal issues before the court involved the interpretation and application of the Australian Consumer Law to the Dan Murphy's Agreement 2012. Specifically, the court had to determine whether the agreement, which contained certain terms and conditions governing the relationship between Dan Murphy's and the retail liquor store owners, complied with the law and whether it was fair and reasonable. The applicants argued that the agreement was necessary to protect their business interests and to maintain a consistent standard of service across their stores.

The court considered the nature of the relationship between the parties and the terms of the agreement. It examined the obligations and rights of the retail liquor store owners under the agreement and assessed whether the agreement was likely to have an adverse effect on competition. The court also considered the fairness of the terms and whether they were reasonable in all the circumstances. After a thorough analysis, the court found that the agreement did not contravene the Australian Consumer Law and was fair and reasonable. Consequently, the court approved the Dan Murphy's Agreement 2012.

The court's final order was that the Dan Murphy's Agreement 2012 be approved in accordance with the Australian Consumer Law. The court found that the agreement was necessary for the protection of the applicants' business interests and did not have an adverse effect on competition. The agreement was deemed to be fair and reasonable, and the court granted the applicants' application for approval.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established