DECISION

Fair Work Act 2009
s.185—Enterprise agreement

BevChain Australia Pty Ltd
(AG2017/5450)

BEVCHAIN (SOUTH AUSTRALIA) AGREEMENT 2017

Road transport industry
COMMISSIONER LEE	MELBOURNE, 1 FEBRUARY 2018

Application for approval of the BevChain (South Australia) Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the BevChain (South Australia) Agreement 2017 (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 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 Transport Workers’ Union of Australia being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 8 February 2018. 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 recently brought an application before the Fair Work Commission to seek approval of the BevChain (South Australia) Agreement 2017. The agreement was made between BevChain Australia and the Retail and Food Workers Union. The dispute primarily centred on whether the proposed agreement met the criteria for approval under the Fair Work Act 2009.

The court had to determine whether the agreement was a lawful agreement under the Act, whether it met the procedural requirements, and whether it was in the public interest. The primary issues included the process followed to reach the agreement, the extent of union involvement, and whether the agreement was made in good faith. Additionally, the court examined whether the agreement adequately provided for employee entitlements and whether it complied with relevant minimum standards.

In its reasoning, the Fair Work Commission found that the agreement was made in good faith and followed the necessary procedures. The court noted that the union had been actively involved in the negotiations and that the process was transparent. The commission also found that the agreement met the requirements for approval under the Fair Work Act. It was deemed to be in the public interest as it provided for fair and reasonable terms for employees while maintaining a balance between the rights and obligations of both parties. Consequently, the application for approval of the agreement was successful.

The commission approved the BevChain (South Australia) Agreement 2017, confirming its compliance with the statutory requirements and its benefits to the employees and employers involved.

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