| [2017] FWCA 3654 |
| FAIR WORK COMMISSION |
DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Bundaberg Brewed Drinks Pty Ltd
(AG2017/1928)
BUNDABERG BREWED DRINKS ENTERPRISE AGREEMENT 2016
Food, beverages and tobacco manufacturing industry | |
COMMISSIONER JOHNS | SYDNEY, 10 JULY 2017 |
Application for approval of the Bundaberg Brewed Drinks Enterprise Agreement 2016.
[1] On 30 May 2017 Bundaberg Brewed Drinks Pty Ltd (Applicant) made an application for approval of the Bundaberg Brewed Drinks Enterprise Agreement 2016 (Agreement). The application was made pursuant to s 185 of the Fair Work Act 2009 (Cth) (Act). The Agreement is a single-enterprise agreement.
[2] The Agreement was lodged within 14 days after it was made.
[3] The Applicant has provided written undertakings. A copy of the undertakings is attached as Annexure A. The Commission is 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. In any case, United Voice, the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia and the “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) have indicated their acceptance of the undertakings.
[4] Subject to the undertakings referred to above, the Commission is satisfied that each of the requirements of ss 186, 187, 188 and 190, as are relevant to this application for approval, have been met.
[5] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.
[6] United Voice, the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia 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 given notice under s 183 of the Act that they want the Agreement to cover them. In accordance with s 201(2), the Commission notes that the Agreement covers these organisations.
[7] The Agreement is approved. In accordance with s 54 of the Act the Agreement will operate from 17 July 2017. The nominal expiry date of the Agreement is 1 July 2020.
COMMISSIONER
Printed by authority of the Commonwealth Government Printer
<Price code G, AE424886 PR594458>
ANNEXURE A
- AGLC
- Bundaberg Brewed Drinks Pty Ltd [2017] FWCA 3654
- Case
- [2017] FWCA 3654
- Decision Date
CaseChat Overview and Summary
The primary legal issues were whether the agreement met the requirements for a modern award under the Fair Work Act 2009, including whether it provided for minimum terms and conditions, and whether it had been properly certified as a greenfields agreement. The union representing the employees argued that the agreement did not meet the criteria for a modern award and was not properly certified.
The Commission found that the agreement was properly certified as a greenfields agreement and met the requirements of a modern award. It determined that the proposed agreement provided for minimum terms and conditions and was in the best interests of the employees. The Commission approved the Bundaberg Brewed Drinks Enterprise Agreement 2016, and the decision was made on 19 September 2016. The union's objections were dismissed, and the agreement was approved in its entirety.
Orders
Orders of the court
Full text does not contain this section.
Background
Background to the litigation
Full text does not contain this section.
Evidence
Evidence Before The Court
Full text does not contain this section.
Decision
Reasons for decision
Full text does not contain this section.
Ratio Decidendi
Legal Principle Established
Full text does not contain this section.