DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Coopers Brewery Limited
(AG2016/1515)

COOPERS BREWERY LIMITED ENTERPRISE AGREEMENT 2016

Manufacturing and associated industries
COMMISSIONER ROE	MELBOURNE, 26 JULY 2016

Application for approval of the Coopers Brewery Limited Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Coopers Brewery Limited Enterprise Agreement 2016 (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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[4] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, the “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) and the United Voice 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.

[6] The Agreement was approved on 26 July 2016 and, in accordance with s.54, will operate from 2 August 2016. The nominal expiry date of the Agreement is 30 June 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

Coopers Brewery Limited, an employer, sought approval of an enterprise agreement with its employees represented by the Liquor, Hospitality and Miscellaneous Workers Union. The application was heard in the Fair Work Commission (FWC). The primary legal issues were whether the enterprise agreement met the requirements of the Fair Work Act 2009 and if it provided for the fair and reasonable terms and conditions of employment.

The FWC considered whether the agreement complied with procedural fairness and substantive fairness provisions of the Act. It examined if the agreement contained all the mandated terms, including those that were to be bargained in good faith. The FWC also assessed whether the agreement provided for a fair and reasonable rate of pay and other terms and conditions, taking into account the needs of the employees and the employer's business.

The FWC found that the agreement was procedurally sound, having been reached through genuine bargaining. It also found that the agreement met the substantive fairness test, providing for reasonable terms and conditions, including pay rates and other entitlements. The FWC approved the enterprise agreement, noting that it struck a fair balance between the interests of the employer and the employees.

No further orders were made by the FWC in its decision. The approval of the enterprise agreement was granted, and it came into effect as per the terms outlined in the agreement.

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