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

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

CUB Pty Ltd T/A Carlton & United Breweries applied to the Fair Work Commission for approval of the CUB Pty Ltd Abbotsford Brewery Enterprise Agreement 2015 - 2018. The application was opposed by the Liquor, Hospitality and Miscellaneous Workers' Union. The dispute centred on the terms of the proposed enterprise agreement, which was intended to govern the employment conditions of employees at the CUB Abbotsford brewery. The Fair Work Commission was tasked with determining whether the agreement met the requirements of the Fair Work Act 2009, specifically whether it was in the best interests of the employees and whether it was made in good faith.

The Commission needed to examine several legal issues, including whether the agreement provided fair and reasonable terms for the employees, whether it was made in a manner that was procedurally fair, and whether it complied with any relevant modern awards or instruments. Additionally, the Commission had to consider whether the agreement was genuinely negotiated between the employer and the union, and whether it was free from any improper influence or coercion.

The Fair Work Commission found that the agreement was made in good faith and was in the best interests of the employees. The Commission noted that the agreement provided for a range of benefits, including pay increases, improved leave entitlements, and the establishment of a new dispute resolution procedure. The Commission was satisfied that the agreement was the product of genuine negotiations between the parties and that it was not the result of any improper influence or coercion. The Commission also found that the agreement complied with relevant modern awards and instruments. As a result, the Commission approved the application and registered the agreement under the Fair Work Act 2009.

CUB Pty Ltd T/A Carlton & United Breweries

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established