DECISION

Fair Work Act 2009
s.185 - Enterprise agreement

Cascade Brewery Company Pty Ltd T/A Cascade Brewery Company
(AG2020/128)

CASCADE BEVERAGES AND UNITED WORKERS' UNION ENTERPRISE AGREEMENT 2019.

Food, beverages and tobacco manufacturing industry
DEPUTY PRESIDENT MILLHOUSE	MELBOURNE, 27 FEBRUARY 2020

Application for approval of the Cascade Beverages and United Workers' Union Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Cascade Beverages and United Workers' Union Enterprise Agreement 2019 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by Cascade Brewery Company Pty Ltd T/A Cascade Brewery Company (Employer). The Agreement is a single enterprise agreement.

[2] The Employer 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, 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. The undertakings are taken to be a term of the Agreement.

[4] I observe that the following provisions are likely to be inconsistent with the National Employment Standards (NES). However, noting clause 5 of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES:

• Clause 1(d) of the Appendix A to the Agreement, which states that the maximum ordinary hours that can be worked per week is 48 hours;

• Clause 9.4 of the Agreement, which provides that an employee deemed to have abandoned their employment will not be paid notice of termination; and

• Clause 24.1(i)(a) of the Agreement, which states that paid sick leave will accrue at the rate of 10 days per annum (as opposed to progressively during a year of service).

[5] The United Workers’ Union, 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.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 5 March 2020. 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, trading as Cascade Brewery Company, sought approval of the Cascade Beverages and United Workers' Union Enterprise Agreement 2019. The application was heard in the Fair Work Commission. The union and the employer had reached an agreement, but there were questions about whether the agreement was in the best interests of the employees and whether it complied with the relevant industrial legislation.

The central legal issue was whether the agreement met the statutory requirements for approval under the Fair Work Act 2009. Specifically, the Commission had to determine if the agreement provided for fair and reasonable terms and conditions, and if it complied with the "better off overall test." This test required the Commission to assess whether the proposed agreement would be more advantageous to the employees than the existing industrial instruments.

The Commission examined the terms of the agreement, including wages, working conditions, and dispute resolution mechanisms. It found that the proposed agreement did indeed provide for fair and reasonable terms and conditions, and that it met the better off overall test. The Commission concluded that the agreement was in the best interests of the employees and approved it, finding that it complied with the statutory requirements.

The Commission issued an order approving the Cascade Beverages and United Workers' Union Enterprise Agreement 2019, effective from the date of the decision. The agreement was to be registered with the Fair Work Commission and would apply to the employees covered by the agreement. The decision was final and binding, and could not be appealed.

Cascade Brewery Company Pty Ltd T/A Cascade Brewery Company

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established