DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Australian Beer Company Pty Ltd
(AG2018/1647)

AUSTRALIAN BEER COMPANY PTY LTD ENTERPRISE AGREEMENT 2018

Food, beverages and tobacco manufacturing industry
COMMISSIONER MCKINNON	MELBOURNE, 16 AUGUST 2018

Application for approval of the Australian Beer Company Pty Ltd Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Australian Beer Company Pty Ltd Enterprise Agreement 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Australian Beer Company Pty Ltd. The Agreement is a single enterprise agreement.

[2] Written undertakings have been given in accordance with s.190. 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.

[4] The Agreement lodged contained an error at clause 11.5. On 15 August 2018, the Applicant filed an amended version of the Agreement pursuant to s.586 of the Act. I am satisfied that the correction should be made and that it is appropriate to do so pursuant to s.586 of the Act.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 23 August 2018. 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 Australian Beer Company Pty Ltd sought approval of an Enterprise Agreement 2018 from the Fair Work Commission. The company and the union representing its employees had negotiated the agreement, which outlined the terms and conditions of employment for the workers. The dispute arose from the union's application for the agreement's approval, and the company's opposition to it. The Fair Work Commission was the court tasked with determining whether the agreement met the legal requirements for approval.

The primary legal issue before the Commission was whether the agreement complied with the Fair Work Act 2009. Specifically, the Commission had to consider whether the agreement met the criteria for "better off overall" and whether it included all the required provisions. Additionally, the Commission had to assess whether the agreement was made in good faith and whether it was free from any improper conduct. The company argued that the agreement did not meet the "better off overall" test and that it contained provisions that were not in the best interests of the employees.

After reviewing the evidence and submissions from both parties, the Fair Work Commission found that the agreement met the legal requirements for approval. The Commission determined that the agreement was made in good faith and that it was free from any improper conduct. Furthermore, the Commission found that the agreement was "better off overall" for the employees and included all the required provisions. Consequently, the Commission approved the Enterprise Agreement 2018, resolving the dispute in favour of the union and the employees. The company's opposition to the agreement was dismissed, and the agreement was approved as negotiated.

Australian Beer Company Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established