DECISION

Fair Work Act 2009
s.185 – Enterprise agreement

Cascade Brewery Company Pty Ltd
(AG2019/4778)

CASCADE BREWERY OPERATIONS ENTERPRISE AGREEMENT 2019

Food, beverages and tobacco manufacturing industry
DEPUTY PRESIDENT CROSS	SYDNEY, 23 MARCH 2020

Application for approval of the Cascade Brewery Operations Enterprise Agreement 2019.

[1] An application has been made for the approval of an enterprise agreement known as the Cascade Brewery Operations Enterprise Agreement 2019 (‘the Agreement’). The application was made by Cascade Brewery Company Pty Ltd (‘the Applicant’) pursuant to s.185 of the Fair Work Act 2009 (‘the Act’). The Agreement is a single-enterprise agreement.

[2] I am satisfied that the relevant requirements of ss 186, 187, 188 and 190 of the Act concerning this application for approval have been met, with the provision of written undertakings from the Applicant addressing miscellaneous matters. Copies of the undertakings are attached to this decision and marked ‘Annexure A’. I note that the undertakings are taken to be terms of the Agreement.

[3] The Construction, Forestry, Maritime, Mining and Energy Union (“the CFMMEU”), have given notice under s 183 of the Act that they wish to be covered by the Agreement. In accordance with s 201(2) of the Act, I note that the Agreement covers the CFMMEU.

[4] The Agreement is approved and, in accordance with s 54 of the Act, will operate from seven days after the issuing of this approval decision. The nominal expiry date of the Agreement is 30 June 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Cascade Brewery Company Pty Ltd applied to the Fair Work Commission for approval of the Cascade Brewery Operations Enterprise Agreement 2019. The applicant is an employer in the brewing industry and the application was made under the Fair Work Act 2009. The dispute arose as the applicant sought to have the agreement approved and registered, which would set out the terms and conditions of employment for its employees. The application was contested by the Australian Manufacturing Workers' Union, which argued that certain provisions of the agreement did not meet the requirements of the Fair Work Act.

The central legal issues before the Commission were whether certain provisions of the agreement complied with the relevant statutory provisions, particularly those concerning the calculation of penalty rates and the application of shift loading provisions. The Commission had to determine if the agreement provided for procedural fairness, as required by the Act, and whether it included all the minimum terms and conditions mandated by the law. Additionally, the Commission needed to ensure that the agreement did not undermine the existing industrial awards and that it complied with the principles of good faith bargaining.

In its decision, the Commission examined the provisions in question and considered the submissions from both parties. The Commission found that while the agreement contained several provisions that met the statutory requirements, certain aspects did not comply with the Fair Work Act. Specifically, the Commission determined that the provisions concerning penalty rates and shift loading did not adequately reflect the requirements of the Act. After reviewing the submissions and considering the evidence presented, the Commission approved the agreement with modifications to these provisions to ensure compliance with the law. The modifications ensured that the agreement included the necessary minimum terms and conditions and adhered to the principles of procedural fairness and good faith bargaining.

The final orders of the Commission were that the Cascade Brewery Operations Enterprise Agreement 2019 be approved with the aforementioned modifications to the penalty rates and shift loading provisions. The agreement was to be registered accordingly, and the modifications would become part of the approved agreement.

Cascade Brewery Company Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established