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[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

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application for the approval of an enterprise agreement between CUB Pty Ltd and the employees of its Abbotsford brewery. The enterprise agreement, titled "CUB Pty Ltd Abbotsford Brewery Enterprise Agreement 2024-2027," proposed terms and conditions of employment for the brewery's staff. The application was brought by CUB Pty Ltd, and the employees were represented by the Liquor, Hospitality and Miscellaneous Workers Union. The central issue before the Commission was whether the proposed agreement met the requirements for approval under the Fair Work Act 2009.

The Commission was required to determine if the proposed agreement was a genuine enterprise agreement, whether it had been made freely and fairly, and if it contained all the minimum terms and conditions set out in the Fair Work Act. The Commission also needed to consider whether the agreement met the ‘better off overall test’ and if it was in compliance with the relevant provisions of the Act. The negotiation process and the involvement of the union in the agreement were also examined to ensure the integrity and fairness of the agreement.

In its decision, the Commission found that the proposed enterprise agreement was genuine and had been negotiated in good faith. The agreement was found to meet all the statutory minimum terms and conditions, and the better off overall test was satisfied. The Commission also confirmed that the negotiation process was fair and that the union had been appropriately involved. Given these findings, the Commission approved the CUB Pty Ltd Abbotsford Brewery Enterprise Agreement 2024-2027, deeming it to be a valid and enforceable agreement.

The final orders of the Commission were that the CUB Pty Ltd Abbotsford Brewery Enterprise Agreement 2024-2027 be approved and registered, effective from the date of the decision. The agreement was to be circulated to all relevant employees, and the terms and conditions outlined within the agreement were to be implemented as per the specified timelines. The decision concluded that the agreement was fair and met all legal requirements, thereby providing a stable and beneficial framework for the employees and the employer.

Cub Pty Ltd

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