DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Australian Beer Company Pty Ltd
(AG2016/579)

AUSTRALIAN BEER COMPANY PTY LTD ENTERPRISE AGREEMENT 2016

Food, beverages and tobacco manufacturing industry
COMMISSIONER GREGORY	MELBOURNE, 29 APRIL 2016

Application for approval of the Australian Beer Company Pty Ltd Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Australian Beer Company Pty Ltd Enterprise Agreement 2016 (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] The Applicant 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.

[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 is approved and, in accordance with s.54 of the Act, will operate from 6 May 2016. The nominal expiry date of the Agreement is 30 June 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

In the Fair Work Commission, the Australian Beer Company Pty Ltd sought approval of the Australian Beer Company Pty Ltd Enterprise Agreement 2016. The dispute concerned whether the enterprise agreement met the requirements of the Fair Work Act 2009, including being free from prohibited content and meeting the minimum entitlements for employees. The parties involved were the Australian Beer Company Pty Ltd, represented by their legal counsel, and the Fair Work Commission, which conducted the review.

The primary legal issues before the Commission were whether the agreement contained any prohibited content under section 235 of the Fair Work Act, and whether it provided for minimum entitlements as required by section 236. The Commission examined the agreement to ensure it did not include any terms that would contravene the provisions of the Act, such as terms that were less favourable than the national minimum standards, or that sought to undermine the rights of employees to be represented by a registered organisation.

The Fair Work Commission found that the Australian Beer Company Pty Ltd Enterprise Agreement 2016 did not contain any terms that were prohibited under the Fair Work Act. The agreement was deemed to provide for minimum entitlements in accordance with the Act. The Commission also noted that the agreement had been negotiated in good faith and that it did not contain any terms that were contrary to the public interest. As a result, the Commission approved the agreement, finding it to be a genuine enterprise agreement under the Act. The approval was subject to the agreement being registered with the Fair Work Commission, and the parties were directed to comply with the terms of the agreement.

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