CUB Pty Ltd T/A Carlton & United Breweries

[2015] FWCA 7325

[2015] FWCA 7325

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

CUB Pty Ltd T/A Carlton & United Breweries
(AG2015/5250)

CUB PTY LTD ABBOTSFORD BREWERY ENTERPRISE AGREEMENT 2015 - 2018

Food, beverages and tobacco manufacturing industry
COMMISSIONER ROE	MELBOURNE, 26 OCTOBER 2015

Application for approval of the CUB Pty Ltd Abbotsford Brewery Enterprise Agreement 2015 - 2018.

[1] An application has been made for approval of an enterprise agreement known as the CUB Pty Ltd Abbotsford Brewery Enterprise Agreement 2015 - 2018 (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 T/A Carlton & United Breweries. 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 will apply as an additional term of the Agreement because clause 37 of the Agreement does not specifically refer to regular roster or ordinary hours of work.

[5] The Construction, Forestry, Mining and Energy Union and 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 the organisations.

[6] The Agreement was approved on 26 October 2015 and, in accordance with s.54, will operate from 2 November 2015. The nominal expiry date of the Agreement is 31 March 2018.

COMMISSIONER

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Annexure A