Australian Beer Company Pty Ltd Summary

[2014] FWCA 5562

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Australian Beer Company Pty Ltd
(AG2014/6742)

AUSTRALIAN BEER COMPANY PTY LTD ENTERPRISE AGREEMENT 2014

Food, beverages and tobacco manufacturing industry
SENIOR DEPUTY PRESIDENT DRAKE	SYDNEY, 14 AUGUST 2014

Application for approval of the Australian Beer Company Pty Ltd Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Australian Beer Company Pty Ltd Enterprise Agreement 2014 (the Agreement). The application was made pursuant to s185 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 Agreement was lodged within 14 days after it was made.

[3] I am satisfied that each of the requirements of ss186, 187 and 188 of the Act as are relevant to the application for approval have been met.

[4] The Agreement is approved and, in accordance with s54 of the Act, will operate from 21 August 2014. The nominal expiry date of the Agreement is 30 June 2015.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Australian Beer Company Pty Ltd applied to the Fair Work Commission for the approval of an enterprise agreement. The company and the relevant unions had negotiated the Australian Beer Company Pty Ltd Enterprise Agreement 2014. The application was made under the Fair Work Act 2009, which requires that certain criteria be met for an enterprise agreement to be approved. The primary issue before the Commission was whether the agreement met the requirements of the Act, particularly in terms of its provisions concerning employee entitlements, wages, and working conditions. The Commission had to consider whether the agreement was fair and reasonable and whether it complied with the relevant provisions of the Act.

The Fair Work Commission examined the agreement clause by clause, considering its provisions against the legislative criteria. The Commission assessed whether the agreement provided for fair and reasonable terms and conditions for the employees. This included evaluating the agreement's provisions on pay rates, hours of work, leave entitlements, and other conditions of employment. The Commission also considered whether the agreement provided for an appropriate process for resolving disputes between the parties. The Commission found that the agreement contained provisions that were fair and reasonable, and that it complied with the requirements of the Act. The Commission noted that the agreement included provisions for minimum wage rates, reasonable hours of work, and adequate leave entitlements, among other things.

The Fair Work Commission approved the Australian Beer Company Pty Ltd Enterprise Agreement 2014. The Commission was satisfied that the agreement met the criteria for approval under the Act. The agreement was deemed to be fair and reasonable, and to comply with the relevant provisions of the Act. The Commission found that the agreement provided for appropriate terms and conditions of employment, and that it included provisions for resolving disputes between the parties. The Commission also noted that the agreement had been negotiated in good faith and that it had been put to the employees for a vote, where it had been approved by a majority. The Commission approved the agreement, and it came into effect on the date of the Commission's decision.

Australian Beer Company Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

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Legal Principle Established