Bundaberg Brewed Drinks Pty Ltd

[2020] FWCA 4817

[2020] FWCA 4817

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Bundaberg Brewed Drinks Pty Ltd
(AG2020/2236)

BUNDABERG BREWED DRINKS ENTERPRISE AGREEMENT 2020

Manufacturing and associated industries
COMMISSIONER SIMPSON	BRISBANE, 18 SEPTEMBER 2020

Application for approval of the Bundaberg Brewed Drinks Enterprise Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as the Bundaberg Brewed Drinks Enterprise Agreement 2020 (the Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) Bundaberg Brewed Drinks Pty Ltd (the Applicant). The Agreement is a single enterprise agreement.

[2] The Applicant has provided written undertakings. 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] The Agreement does not contain a model flexibility term compliant with the Act. Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[4] The United Workers’ Union (UWU), Communications, Electrical, Electronic, Energy,
Information, Postal, Plumbing and Allied Services Union of Australia (CEPU) and the "Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union" known as the Australian Manufacturing Workers' Union (AMWU) being bargaining representatives for the Agreement, have all given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) of the Act I note that the Agreement covers the UWU, CEPU and AMWU.

[5] Subject to the undertakings referred to above, I am satisfied that each requirement of ss186, 187 and 188 as are relevant to this application for approval have been met. The undertakings are taken to be a term of the Agreement.

[6] The Agreement is approved and will operate in accordance with s.54 of the Act.

COMMISSIONER

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<AE508965  PR722619>