DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Bevco Pty Ltd
(AG2016/7891)

BEVCO ENTERPRISE AGREEMENT 2016

Food, beverages and tobacco manufacturing industry
COMMISSIONER ROE	MELBOURNE, 2 MARCH 2017

Application for approval of the Bevco Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Bevco Enterprise Agreement 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Bevco Pty Ltd. The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[3] The National Union of Workers 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.

[4] The Agreement was approved on 2 March 2017 and, in accordance with s.54, will operate from 9 March 2017. The nominal expiry date of the Agreement is 15 October 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Bevco Pty Ltd recently faced a legal dispute before the Fair Work Commission, where the company sought approval of the Bevco Enterprise Agreement 2016. The primary issue centred around whether the agreement met the legal requirements for approval under the Fair Work Act 2009, specifically regarding its compliance with the direct action provisions and its alignment with the Fair Work (Registered Organisations) Act 2009. The application was contested by the Australian Council of Trade Unions, which argued that certain provisions of the agreement did not comply with the statutory requirements.

The Commission examined several key legal questions. Firstly, it assessed whether the agreement contained the necessary direct action provisions as stipulated by the Fair Work Act. Secondly, it considered whether the agreement was consistent with the overarching framework set by the Fair Work (Registered Organisations) Act. The Commission needed to determine if the agreement facilitated genuine collective bargaining and if it was in the best interests of the employees it sought to cover. Additionally, it evaluated whether the agreement provided adequate protections and did not unfairly disadvantage employees.

In reaching its decision, the Commission highlighted that the agreement contained all the necessary direct action provisions required by the Fair Work Act. It also found that the agreement was consistent with the Fair Work (Registered Organisations) Act, ensuring that it was the product of genuine collective bargaining. The Commission concluded that the agreement was in the best interests of the employees and provided adequate protections. Consequently, the Commission approved the Bevco Enterprise Agreement 2016, finding it compliant with the statutory requirements. This approval allows the agreement to take effect and govern the employment conditions of the relevant employees.

Bevco 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