DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Bevchain Australia Pty Ltd
(AG2015/3840)

BEVCHAIN (SOUTH AUSTRALIA) AGREEMENT 2014

Road transport industry
COMMISSIONER ROBERTS	SYDNEY, 22 JULY 2015

Application for approval of the BevChain (South Australia) Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the BevChain (South Australia) Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Bevchain Australia Pty Ltd (the Company). The Agreement is a single-enterprise agreement.

[2] On 21 July 2015 an undertaking was provided by Mr D Jones, the Company’s Group Manager Workplace Relations, in relation to clause 2.3 (Consultation) of the Agreement. Pursuant to s.190 of the Act, I accept the Company’s undertaking. A copy of the undertaking is attached to this decision at Annexure A and forms part of the Agreement.

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

[4] The Transport Workers’ Union of Australia 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, will operate from 29 July 2015. The nominal expiry date is 30 June 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Bevchain Australia Pty Ltd was involved in a legal proceeding before the Fair Work Commission, specifically regarding the approval of the BevChain (South Australia) Agreement 2014. The dispute centred around the application by Bevchain Australia Pty Ltd to have the agreement recognised as a registered agreement under the Fair Work Act 2009. The agreement aimed to establish a framework for the employment conditions of workers in the beverage supply chain industry in South Australia.

The legal issues that the Commission had to address were whether the agreement complied with the procedural requirements set out in the Fair Work Act, and whether it met the substantive requirements, such as ensuring it provided for minimum rates of pay, reasonable hours of work, and other minimum entitlements. The Commission also had to consider if the agreement was made in good faith and without coercion. Additionally, the Commission needed to evaluate if the agreement provided for proper representation of the employees and if the process followed in making the agreement was fair.

In delivering its decision, the Fair Work Commission found that the agreement did meet the procedural and substantive requirements under the Fair Work Act. The Commission noted that the process for developing the agreement was conducted in good faith and without coercion. Furthermore, the Commission was satisfied that the agreement provided for the minimum entitlements of the employees and that the representation of the employees was adequate. The Commission concluded that the agreement was fair and appropriate for registration under the Act.

As a result of the Commission's decision, the BevChain (South Australia) Agreement 2014 was approved and registered as a registered agreement. This registration means that the terms of the agreement will apply to the relevant employees, providing them with the protections and entitlements outlined in the agreement.

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