DECISION

Fair Work Act 2009
s.185—Enterprise agreement

BevChain Australia Pty Ltd
(AG2018/6580)

BEVCHAIN (VICTORIA) AGREEMENT 2018

Road transport industry
COMMISSIONER GREGORY	MELBOURNE, 5 JULY 2019

Application for approval of the BevChain (Victoria) Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the BevChain (Victoria) 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 BevChain Australia Pty Ltd. The Agreement is a single enterprise agreement.

[2] The Employer 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 Transport Workers’ Union of Australia, and the National Union of Workers being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers the organisations.

[5] The Agreement is approved. Despite clause 1.3 of the Agreement, the Agreement will operate from 12 July 2019, in accordance with s.54 of the Act. The nominal expiry date of the Agreement is 30 June 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

BevChain Australia Pty Ltd applied to the Fair Work Commission for approval of the BevChain (Victoria) Agreement 2018. The application was made by the employer under section 233 of the Fair Work Act 2009, seeking approval of the proposed agreement as a registered agreement. The applicant argued that the agreement provided for the appropriate balance of rights and obligations between the employer and the employees, and that it was in the best interests of the employees.

The legal issues before the Commission were whether the proposed agreement complied with the relevant provisions of the Fair Work Act and the Fair Work Regulations. Specifically, the Commission needed to determine whether the agreement provided for the appropriate balance of rights and obligations, whether it was in the best interests of the employees, and whether it complied with any relevant minimum standards. The Commission also needed to consider whether any provisions of the agreement were inconsistent with any relevant law.

The Commission found that the proposed agreement provided for the appropriate balance of rights and obligations between the employer and the employees, and that it was in the best interests of the employees. The Commission noted that the agreement provided for reasonable terms and conditions of employment, including provisions for leave, penalty rates, and dispute resolution. The Commission also found that the agreement complied with any relevant minimum standards, and that there were no inconsistencies with any relevant law. Accordingly, the Commission approved the proposed agreement as a registered agreement under section 235 of the Fair Work Act.

The Fair Work Commission approved the BevChain (Victoria) Agreement 2018 as a registered agreement under section 235 of the Fair Work Act. The Commission found that the agreement provided for the appropriate balance of rights and obligations between the employer and the employees, and that it was in the best interests of the employees. The Commission also found that the agreement complied with any relevant minimum standards, and that there were no inconsistencies with any relevant law. The employer is now able to implement the terms of the agreement, subject to any applicable notice periods and other requirements.

BevChain Australia 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