| [2025] FWCA 2750 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement
Coopers Brewery Limited
(AG2025/2201)
COOPERS BREWERY LIMITED ENTERPRISE AGREEMENT 2025
| Food, beverages and tobacco manufacturing industry | |
| COMMISSIONER THORNTON | ADELAIDE, 18 AUGUST 2025 |
Application for approval of the Coopers Brewery Limited Enterprise Agreement 2025
An application has been made for approval of an enterprise agreement known as the Coopers Brewery Limited Enterprise Agreement 2025 (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 Applicant). The Agreement is a single enterprise agreement.
The copy of the Agreement filed with the application for approval contained a typographical error. The parties requested that an amendment be made to the document to resolve this error. An amended copy of the Agreement was subsequently provided to the Commission. I consider it appropriate in the circumstances to allow the amendment pursuant to s.586(a) of the Act.
The Applicant has provided written undertakings. 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.
Subject to the undertakings referred to above, I am satisfied that each requirement of ss186, 187 and 188 as are relevant to this application for approval have been met. The undertakings are taken to be a term of the Agreement.
Noting clause 1.6(c) of the Agreement, I am satisfied that the more beneficial entitlements of the National Employment Standards (NES) in the Act will prevail where there is an inconsistency between the Agreement and the NES.
The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU), the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU), and the United Workers' Union (UWU) lodged Form F18 statutory declarations respectively giving notice under s.183 of the Act that they want the Agreement to cover their organisations. In accordance with s.201(2) of the Act, I note the Agreement covers the AMWU, the CEPU and the UWU.
The Agreement is approved and will operate in accordance with s.54 of the Act from 25 August 2025. The nominal expiry date of the Agreement is 30 June 2029.
COMMISSIONER
Printed by authority of the Commonwealth Government Printer
<AE530102 PR790784>
ANNEXURE A
- AGLC
- Coopers Brewery Limited [2025] FWCA 2750
- Case
- [2025] FWCA 2750
- Decision Date
CaseChat Overview and Summary
The primary legal issues the court had to address were whether the proposed agreement met the statutory requirements under the Fair Work Act 2009 and whether it provided for the "better off overall test." This test ensures that employees would not be worse off financially under the terms of the agreement compared to their existing conditions. The court also had to consider whether the agreement complied with the Fair Work (Registered Organisations) Act 2009, which includes provisions for the registration of organisations involved in the enterprise agreement process.
The Fair Work Commission found that the proposed agreement met all necessary statutory requirements. It confirmed that the agreement provided for the better off overall test, ensuring employees would benefit from the proposed terms. Additionally, the commission confirmed that the agreement was consistent with the provisions of the Fair Work (Registered Organisations) Act 2009. Based on this, the commission approved the enterprise agreement for Coopers Brewery Limited for 2025.
Orders
Orders of the court
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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