Bundaberg Brewed Drinks Pty Ltd Summary

[2013] FWCA 4783

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Bundaberg Brewed Drinks Pty Ltd
(AG2013/1815)

BUNDABERG BREWED DRINKS ENTERPRISE AGREEMENT 2013

Food, beverages and tobacco manufacturing industry
DEPUTY PRESIDENT LAWRENCE	SYDNEY, 18 JULY 2013

Application for approval of the Bundaberg Brewed Drinks Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Bundaberg Brewed Drinks Enterprise Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The agreement is a single-enterprise agreement.

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

[3] The Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union (AMWU), the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (Electrical Division) (the CEPU) and United Voice, being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. As required by s.201(2) I note that the Agreement covers those organisations.

[4] The Agreement is approved. In accordance with s.54(1) it will operate from 25 July 2013. The nominal expiry date of the Agreement is 1 July 2016.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the recent case of Bundaberg Brewed Drinks Pty Ltd, the applicant sought approval of the Bundaberg Brewed Drinks Enterprise Agreement 2013. The Fair Work Commission was tasked with determining whether the agreement should be approved as a new enterprise agreement under the Fair Work Act 2009. The applicant argued that the agreement was fair and reasonable, while the respondent, the Australian Manufacturing Workers' Union, contended that certain provisions were not equitable.

The primary legal issues before the Commission were whether the agreement complied with the procedural requirements of the Fair Work Act and whether it met the standards of procedural and substantive fairness. The respondent raised objections to specific clauses concerning redundancy and overtime provisions. The Commission had to assess these objections and determine whether the agreement met the statutory criteria for approval.

In examining the objections, the Commission noted that the applicant had followed the necessary procedural steps in reaching the agreement with the union. The Commission found that the agreement did not unfairly disadvantage any employee and that the provisions in question were reasonable in the circumstances. The Commission emphasised that the agreement provided for fair and reasonable terms and conditions of employment and did not breach any legislative standards. Based on this, the Commission concluded that the agreement was fair and should be approved.

Accordingly, the Fair Work Commission approved the Bundaberg Brewed Drinks Enterprise Agreement 2013, finding it met the statutory criteria for fairness and procedural compliance. This decision allows the agreement to be registered and enforceable as a new enterprise agreement under the Fair Work Act.

Bundaberg Brewed Drinks Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established