Cub Pty Ltd
[2024] FWCA 3837
•1 NOVEMBER 2024
| [2024] FWCA 3837 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement
Cub Pty Ltd
(AG2024/3824)
CUB PTY LTD ABBOTSFORD BREWERY ENTERPRISE AGREEMENT 2024-2027
| Food, beverages and tobacco manufacturing industry | |
| DEPUTY PRESIDENT MASSON | MELBOURNE, 1 NOVEMBER 2024 |
Application for approval of the CUB Pty Ltd Abbotsford Brewery Enterprise Agreement 2024-2027
An application has been made for approval of an enterprise agreement known as the CUB Pty Ltd Abbotsford Brewery Enterprise Agreement 2024-2027 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Cth) (the Act). It has been made by Carlton and United Breweries Pty Ltd. The Agreement is a single enterprise agreement.
The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertaking 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. The undertakings are taken to be a term of the Agreement.
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.
In the course of considering the application for approval of the Agreement, two errors, defects or irregularities in the Agreement have been identified:
in clause 18.3.9, the words ‘Error! Reference source not found’ needs to be amended to read ‘20.4’; and
in clause 20.3, the words ‘Error! Reference source not found’ needs to be amended to read ‘20.1’.
Having sought further information from the Applicant in relation to the above, I am satisfied that these errors fall within the meaning of ‘obvious error’ under s. 218A of the Act as these errors were due to a document formatting issue. The Applicant consented to the Commission exercising its discretion pursuant to s. 218A of the Act to amend the Agreement to correct the errors. I am satisfied that each of the above is an obvious error, defect or irregularity and I will amend the Agreement accordingly pursuant to s. 218A of the Act.
The Construction, Forestry and Maritime Employees Union and the United Workers Union 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 both organisations.
This Agreement is approved and, in accordance with s. 54 of the Act, will operate from 8 November 2024. The nominal expiry date of the Agreement is 31 March 2027.
DEPUTY PRESIDENT
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