DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Cascade Beverage Company
(AG2016/3880)

CASCADE BEVERAGES AND UNITED VOICE ENTERPRISE AGREEMENT 2016

Food, beverages and tobacco manufacturing industry
COMMISSIONER LEE	MELBOURNE, 8 SEPTEMBER 2016

Application for approval of the Cascade Beverages and United Voice Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Cascade Beverages and United Voice 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 Cascade Beverage Company. The Agreement is a single enterprise agreement.

[2] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. 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] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] The 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) I note that the Agreement covers the organisation.

[5] The Agreement was approved on 8 September 2016 and, in accordance with s.54, will operate from 15 September 2016. The nominal expiry date of the Agreement is 31 March 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case involves an application by the Australian Industrial Relations Commission for the approval of the Cascade Beverages and United Voice Enterprise Agreement 2016. The dispute centred on whether the agreement met the legal standards for approval under the Fair Work Act 2009. The Commission was tasked with determining if the agreement contained necessary provisions and adhered to the statutory requirements, including those concerning minimum wages, conditions, and the protection of employees' rights.

The primary legal issues addressed by the Commission were whether the enterprise agreement contained all the mandated provisions as per section 235 of the Fair Work Act, and if it was consistent with the objects of the Act, particularly in protecting employees' rights and ensuring fair and equitable terms. Additionally, the Commission had to consider whether the agreement complied with the requirements for independent assessment and whether it was made in good faith.

The Commission found that the Cascade Beverages and United Voice Enterprise Agreement 2016 met all necessary legal standards. It included all required provisions, was consistent with the objects of the Fair Work Act, and was made in good faith. The agreement was also found to be fair and reasonable in all its terms. Consequently, the Commission approved the agreement, noting that it provided a fair and balanced outcome for both employers and employees.

The final orders of the Commission were that the Cascade Beverages and United Voice Enterprise Agreement 2016 be approved and registered with the Fair Work Commission. This approval ensures that the agreement is legally binding and enforceable for the parties involved.

Cascade Beverage Company

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established