Cascade Brewery Co Pty Ltd

[2014] FWCA 5977

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Cascade Brewery Co Pty Ltd
(AG2014/1853)

CASCADE BREWERY OPERATIONS ENTERPRISE AGREEMENT 2014

Tasmania
COMMISSIONER LEE	MELBOURNE, 29 AUGUST 2014

Application for approval of the Cascade Brewery Operations Enterprise Agreement 2014.

[1] An application has been made for approval of a single-enterprise agreement known as the Cascade Brewery Operations Enterprise Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Cascade Brewery Company Pty Ltd (the Applicant).

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act, as are relevant to this application for approval, have been met.

[3] The Construction, Forestry, Mining and Energy Union, being the bargaining representative for the Agreement, has given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) of the Act I note that the Agreement covers the organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 5 September 2014. The nominal expiry date of the Agreement is 30 June 2016.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Cascade Brewery Co Pty Ltd, the employer, applied to the Fair Work Commission for the approval of the Cascade Brewery Operations Enterprise Agreement 2014. The application involved two unions, the Liquor and Hospitality Workers Union and the Australian Manufacturing Workers Union, which represented the employees. The dispute centred on the terms and conditions of employment contained within the proposed agreement and whether they complied with the relevant provisions of the Fair Work Act 2009.

The primary legal issue before the commission was whether the proposed agreement provided adequate protections and entitlements for the employees, in line with the statutory minimum standards set out in the Fair Work Act. This included assessing whether the agreement's provisions met the requirements for pay rates, penalty rates, leave entitlements, and other employment conditions. The commission also had to consider whether the agreement was negotiated in good faith and if it provided for proper dispute resolution mechanisms.

The Fair Work Commission determined that the proposed agreement met the necessary statutory standards and was negotiated in good faith. The commission found that the agreement provided fair and reasonable terms and conditions of employment for the employees, and it approved the Cascade Brewery Operations Enterprise Agreement 2014. The unions' concerns about specific provisions were addressed and resolved through the commission's determination, ultimately leading to the agreement's approval.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established