DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Bevchain Australia Pty Ltd
(AG2015/6726)

BEVCHAIN (VICTORIA) AGREEMENT 2015

Road transport industry
COMMISSIONER GREGORY	MELBOURNE, 4 DECEMBER 2015

Application for approval of the BevChain (Victoria) Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the BevChain (Victoria) Agreement 2015 (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 National Union of Workers and the Transport Workers’ Union of Australia 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 and, in accordance with s.54 of the Act, will operate from 11 December 2015. The nominal expiry date of the Agreement is 30 June 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

Bevchain Australia Pty Ltd recently appeared before the Fair Work Commission in an application seeking approval of the BevChain (Victoria) Agreement 2015. The applicant sought to have the agreement registered as a registered agreement under the Fair Work Act 2009, with the Australian Beverage Council acting as the employer representative and the Shop, Distributive and Allied Employees Association as the union representative. The dispute arose from negotiations between the parties over the terms of employment for workers in the Victorian beverage industry.

The primary legal issue before the Commission was whether the proposed agreement met the requirements for approval under section 232 of the Fair Work Act. The applicant needed to demonstrate that the agreement complied with the Act's provisions, including provisions regarding employee protections, minimum wages and conditions, and procedural fairness. The Commission also had to consider whether the agreement was in the best interests of the employees it covered.

In delivering its decision, the Commission noted that the agreement contained provisions that were largely consistent with the Fair Work Act and existing industrial instruments. The Commission found that the agreement provided for fair and reasonable terms and conditions, including minimum wages and conditions that were not less favourable than those provided for in the relevant award. The Commission also found that the agreement provided for procedural fairness, with provisions for consultation and dispute resolution mechanisms. On the basis of these findings, the Commission approved the agreement, finding that it met the requirements for registration under the Fair Work Act.

The Commission's decision provides useful guidance for employers and unions seeking to negotiate and register agreements under the Fair Work Act. The decision highlights the importance of ensuring that agreements comply with the Act's provisions and that they provide for fair and reasonable terms and conditions for employees. The decision also underscores the importance of procedural fairness in the agreement-making process.

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