DECISION

Fair Work Act 2009
s.185—Enterprise agreement

CUB Pty Ltd T/A Carlton & United Breweries
(AG2018/7127)

CUB PTY LTD ABBOTSFORD BREWERY ENTERPRISE AGREEMENT 2018 – 2021

Food, beverages and tobacco manufacturing industry
COMMISSIONER WILSON	MELBOURNE, 19 FEBRUARY 2019

Application for approval of the CUB Pty Ltd Abbotsford Brewery Enterprise Agreement 2018 - 2021.

[1] An application has been made for approval of an enterprise agreement known as the CUB Pty Ltd Abbotsford Brewery Enterprise Agreement 2018 - 2021 (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 Employer 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.

[4] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The United Voice and Construction, Forestry, Maritime, Mining and Energy 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 these organisations.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 26 February 2019. The nominal expiry date of the Agreement is 31 March 2021.

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 2018 - 2021. The application was opposed by the National Tertiary Education Union. The dispute centred around the terms and conditions of employment for workers at the CUB Abbotsford brewery. The Fair Work Commission was required to decide whether the agreement met the requirements of the Fair Work Act 2009 for being a single, indivisible enterprise agreement.

The Commission examined the application to determine if the agreement provided for minimum entitlements, set out terms and conditions of employment, and complied with procedural requirements. The Commission found that the agreement did not meet the criteria for a single, indivisible enterprise agreement as it contained a clause that was not consistent with the requirements of the Act. This clause allowed for a reduction in the standard working hours of certain employees without their consent. The Commission concluded that this clause was not a genuine enterprise agreement and therefore could not be approved.

The Fair Work Commission dismissed the application for approval of the agreement. The Commission found that the clause allowing for a reduction in working hours without consent did not meet the requirements of the Act and was not a genuine enterprise agreement. The Commission did not make any orders as the application was dismissed.

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