DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Coopers Brewery Limited
(AG2018/1974)

COOPERS BREWERY LIMITED ENTERPRISE AGREEMENT 2018

Manufacturing and associated industries
COMMISSIONER LEE	MELBOURNE, 30 MAY 2018

Application for approval of the Coopers Brewery Limited Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Coopers Brewery Limited Enterprise Agreement 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Coopers Brewery Limited. The Agreement is a single enterprise agreement.

[2] The Applicant 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 referred to above, 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.

[4] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU), United Voice, Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers these organisations.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 6 June 2018. The nominal expiry date of the Agreement is 29 May 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Coopers Brewery Limited, a South Australian brewery, applied to the Fair Work Commission for approval of the Coopers Brewery Limited Enterprise Agreement 2018. The application involved the employees of Coopers Brewery Limited who were represented by the Liquor and Hospitality Workers Union. The primary dispute centred around the terms and conditions of employment as outlined in the proposed enterprise agreement, including issues such as wage rates, working hours, and other employment-related matters.

The central legal issues that the Fair Work Commission had to address were whether the proposed agreement met the requirements of the Fair Work Act 2009, particularly in relation to the procedural fairness and the substantive fairness of the agreement. Procedural fairness required that the agreement had been formed through proper consultation and negotiation processes. Substantive fairness involved whether the terms and conditions in the agreement were fair and reasonable, taking into account various factors such as the economic circumstances, the nature of the business, and the interests of the employees.

In its decision, the Fair Work Commission found that the agreement had been formed through appropriate negotiation processes and was therefore procedurally fair. The Commission further determined that the terms and conditions of the agreement were fair and reasonable, considering all relevant factors. The Commission approved the agreement, acknowledging that it provided a balanced outcome that addressed the needs of both the employer and the employees, including provisions for fair compensation and reasonable working conditions. The Commission's decision was made in the interest of achieving a fair and efficient workplace relationship.

Coopers Brewery Limited

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established