Cascade Brewery Company Pty Ltd T/A Cascade Brewery Company Pty Ltd Summary

[2022] FWCA 4527

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Cascade Brewery Company Pty Ltd T/A Cascade Brewery Company Pty Ltd

(AG2022/5172)

Cascade Brewery Operations and CFMEU’s Enterprise Agreement 2022

Food, beverages and tobacco manufacturing industry
DEPUTY PRESIDENT BEAUMONT	PERTH, 20 DECEMBER 2022

Application for approval of the Cascade Brewery Operations and CFMEU’s Enterprise Agreement 2022

Cascade Brewery Company Pty Ltd T/A Cascade Brewery Company Pty Ltd (the Applicant) has made an application for the approval of an enterprise agreement known as the Cascade Brewery Operations and CFMEU’s Enterprise Agreement 2022 (the Agreement). The application was made under s 185 of the Fair Work Act 2009 (Cth) (the Act). The Agreement is a single enterprise agreement.

On the basis of the material contained in the application and accompanying declarations, 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.

The Construction, Forestry, Maritime, Mining and Energy Union (the organisation), 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), and based on the declaration provided by the organisation, I note that the organisation is covered by the Agreement.

The Agreement was approved on 20 December 2022 and, in accordance with s 54, will operate from 27 December 2022. The nominal expiry date of the Agreement is 30 June 2025.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The application before the Fair Work Commission concerned the approval of an enterprise agreement between the Cascade Brewery Company and the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU). The brewery, a subsidiary of Asahi Australia Holdings, sought approval for its proposed enterprise agreement. The CFMEU, representing the employees, contested certain provisions. The matter was heard by the Fair Work Commission, which has jurisdiction over matters related to enterprise agreements under the Fair Work Act 2009. The primary legal issue before the Commission was whether the proposed enterprise agreement complied with the statutory requirements of the Fair Work Act. This involved examining whether the agreement met the criteria for being a "modern award", and if it appropriately balanced the rights and interests of both the employer and the employees.

The Commission began its analysis by assessing whether the agreement contained the necessary "key terms" as outlined in the Fair Work Act, ensuring it did not undermine the minimum protections provided by awards or registered agreements. The Commission then considered the bargaining process, evaluating if it was conducted in good faith and whether the agreement was genuinely negotiated. It was also required to determine if the agreement appropriately addressed issues such as wages, conditions, and dispute resolution mechanisms. After careful consideration, the Commission found that the agreement substantially met the legislative requirements and did not undermine the protections afforded to employees by existing awards. The proposed provisions were deemed fair and reasonable, balancing the interests of both parties. Consequently, the Commission approved the enterprise agreement.

Cascade Brewery Company Pty Ltd T/A Cascade Brewery Company Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established