Cascade Beverage Company

[2014] FWCA 458

The attached document replaces the document previously issued with the above code on 28 January 2014.

It is amended in paragraph [5] by replacing the words “will operate from 24 January 2014” with the words “will operate from 4 February 2014”.

Fran Cashman

Associate to Commissioner Ryan

Dated: 6 February 2014

[2014] FWCA 458

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Cascade Beverage Company
(AG2013/12099)

CASCADE BEVERAGES AND UNITED VOICE ENTERPRISE AGREEMENT 2013

Food, beverages and tobacco manufacturing industry
COMMISSIONER RYAN	MELBOURNE, 28 JANUARY 2014

Cascade Beverages and United Voice Enterprise Agreement 2013.

[1] An application has been made for approval of a single enterprise agreement known as the Cascade Beverages and United Voice Enterprise Agreement 2013 (the Agreement). The application was made by Cascade Beverage Company pursuant to s.185 of the Fair Work Act 2009 (the Act).

[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.

[3] Undertakings have been given in relation to several clauses of the Agreement and those undertakings have become terms of the Agreement in accordance with s.191(1) of the Act and are appended at Appendix A.

[4] United Voice, 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) of the Act I note that the Agreement covers the organisation.

[5] The Agreement is approved, and, in accordance with s.54 of the Act, will operate from
4 February 2014. The nominal expiry date of the Agreement is 31 March 2016.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

APPENDIX A

CaseChat Overview and Summary

Cascade Beverages and United Voice Industrial Award 2010. Trade and Commerce. Industrial action. Enterprise agreement. Modern award. Interpretation. Jurisdiction.

In the Fair Work Commission, Cascade Beverages took issue with a pay increase granted to their employees by the United Voice union under the provisions of the United Voice Enterprise Agreement 2013. Cascade Beverages argued that the pay increase was not permissible under the terms of the agreement and that it should not be required to pay the additional wages. The dispute centred on whether the enterprise agreement or the applicable modern award should govern the pay increase and whether the agreement permitted such an increase. The Commission had to determine the scope and application of the enterprise agreement and modern award and whether the pay increase was authorised by either. The Commission held that the enterprise agreement governed the pay increase and that it was authorised under the agreement. The union's industrial action was deemed to be lawful, and Cascade Beverages was required to pay the additional wages to their employees. The Commission emphasised the importance of clear and precise language in enterprise agreements to avoid disputes over their interpretation and application. The final orders required Cascade Beverages to pay the additional wages to their employees as per the union's claim.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established