Australian Beer Company Pty Ltd

[2020] FWCA 6995

[2020] FWCA 6995

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Australian Beer Company Pty Ltd
(AG2020/3512)

AUSTRALIAN BEER COMPANY PTY LTD ENTERPRISE AGREEMENT 2020

Food, beverages and tobacco manufacturing industry
DEPUTY PRESIDENT YOUNG	MELBOURNE, 22 DECEMBER 2020

Application for approval of the Australian Beer Company Pty Ltd Enterprise Agreement 2020.

[1] Australian Beer Company Pty Ltd (the Employer) has made an application for approval of an enterprise agreement known as the Australian Beer Company Pty Ltd Enterprise Agreement 2020 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

[2] The Notice of Employee Representational Rights is not in the prescribed form. The Employer provided submissions as to this error on 14 December 2020. I am satisfied having regard to the Full Bench decision in Huntsman Chemical Company Australia Pty Ltd T/A RMAX Rigid Cellular Plastics & Others 1 (Huntsman)that this constitutes a minor technical or procedural error for the purposes s 188(2)(a) of Act. Further, I am satisfied that employees were not likely to have been disadvantaged by this error.

[3] Accordingly, notwithstanding the matter identified in paragraph 2 above, I am satisfied that the Agreement has been genuinely agreed within the meaning of s 188(2).

[4] The Employer has provided written undertakings. A copy of the undertakings is attached at Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and the undertakings will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the Agreement.

[5] Subject to the undertakings referred to above, and on the basis of the material contained in the application, the accompanying statutory declaration, and the additional information provided by the Employer, 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.
[6] I observe that clauses 24.4 and 24.5 of the Agreement are likely to be inconsistent with the National Employment Standards (NES). However, noting clause 6.3 of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[7] The Agreement was approved on 22 December 2020 and, in accordance with s 54, will operate from 29 December 2020. The nominal expiry date of the Agreement is 31 December 2023.

DEPUTY PRESIDENT

Annexure A

 1   [2019] FWCFB 318

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