Cascade Brewery Company Limited

[2013] FWCA 10209

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Cascade Brewery Company Limited
(AG2013/10513)

CASCADE BREWERY MAINTENANCE ENTERPRISE AGREEMENT 2013

Manufacturing and associated industries
COMMISSIONER RYAN	MELBOURNE, 24 DECEMBER 2013

Application for approval of the Cascade Brewery Maintenance Enterprise Agreement 2013.

[1] An application has been made for approval of a single enterprise agreement known as the Cascade Brewery Maintenance Enterprise Agreement 2013 (the Agreement). The application was made by Cascade Brewery Company Limited pursuant to section 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] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU), 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.

[4] The Agreement is approved, and, in accordance with s.54 of the Act, will operate from 31 December 2013. The nominal expiry date of the Agreement is 30 June 2016.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, Cascade Brewery Company Limited, sought approval of the Cascade Brewery Maintenance Enterprise Agreement 2013 from the Fair Work Commission. The dispute involved the terms and conditions of employment for the maintenance workers within the company. The Commission was required to determine whether the proposed agreement met the statutory requirements under the Fair Work Act 2009 and if it was in the best interests of the employees. The primary legal issues before the Commission were whether the agreement contained all the mandated terms as per section 235 of the Fair Work Act, and if it was made in good faith as required by section 230. Additionally, the Commission needed to consider whether the agreement provided fair and reasonable terms for the employees and whether it met the procedural fairness requirements.

The Commission found that the agreement included all the necessary mandated terms and was made in good faith. The applicant provided evidence of consultation with the employees and their representatives, which satisfied the procedural fairness requirements. The Commission also considered the fairness of the terms and conditions of employment within the agreement, taking into account the bargaining positions of both parties, the economic climate, and the industry standards. The agreement was found to be fair and reasonable, providing the employees with benefits and protections that were consistent with industry standards and practices.

As a result, the Fair Work Commission approved the Cascade Brewery Maintenance Enterprise Agreement 2013. The Commission was satisfied that the agreement met all the statutory requirements under the Fair Work Act and was in the best interests of the employees. The approval of the agreement allows the Cascade Brewery Company Limited and the maintenance workers to be governed by the terms and conditions set out in the agreement, providing certainty and stability in their employment relationship.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established