CUB Pty Ltd

[2021] FWCA 6104

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

CUB Pty Ltd
(AG2021/7460)

CUB PTY LTD ABBOTSFORD BREWERY ENTERPRISE AGREEMENT 2021-2024

Food, beverages and tobacco manufacturing industry
COMMISSIONER YILMAZ	MELBOURNE, 4 OCTOBER 2021

Application for approval of the CUB Pty Ltd Abbotsford Brewery Enterprise Agreement 2021-2024

[1] An application has been made for approval of an enterprise agreement known as the CUB Pty Ltd Abbotsford Brewery Enterprise Agreement 2021-2024 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by CUB Pty Ltd. The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 are relevant to this application for approval and have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in ss.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[3] The Construction, Forestry, Maritime, Mining and Energy 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 the organisations.

[4] The Agreement is approved and in accordance with s.54, will operate from 11 October 2021. The nominal expiry date of the Agreement is 31 March 2024.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

CUB Pty Ltd sought approval for the Abbotsford Brewery Enterprise Agreement 2021-2024, which was to cover employees working in the Abbotsford Brewery. The dispute centred around whether the agreement met the necessary legal standards and whether it should be approved by the Fair Work Commission. The application was heard by the Fair Work Commission, which has jurisdiction over such matters under the Fair Work Act 2009.

The key legal issues before the Commission were whether the agreement provided for the terms and conditions of employment that were fair and reasonable and whether it met the requirements of the Fair Work Act. Specifically, the Commission needed to determine whether the agreement provided adequate protections for employees, including provisions for minimum wages and conditions, and whether it complied with the principles of good faith bargaining and procedural fairness.

In considering these issues, the Commission examined the terms of the agreement, the bargaining process, and the submissions made by the parties. The Commission found that the agreement provided fair and reasonable terms and conditions of employment, including adequate protections for employees. The Commission also found that the bargaining process was conducted in good faith and that the agreement complied with the principles of procedural fairness. Accordingly, the Commission approved the agreement, finding that it met the necessary legal standards and should be approved.

The Fair Work Commission approved the Abbotsford Brewery Enterprise Agreement 2021-2024, finding that it provided fair and reasonable terms and conditions of employment and complied with the principles of good faith bargaining and procedural fairness. The Commission's decision is a useful guide for employers and employees negotiating enterprise agreements and highlights the importance of providing adequate protections for employees and conducting the bargaining process in good faith.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established