DECISION

Fair Work Act 2009
s.185—Enterprise agreement

J. Boag & Son Brewing Ltd
(AG2015/4443)

J BOAG & SON LTD ENTERPRISE (TRADES) AGREEMENT 2015

Tasmania
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 2 SEPTEMBER 2015

Application for approval of the J Boag and Son Ltd Enterprise (Trades) Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the J Boag & Son Ltd Enterprise (Trades) Agreement 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by J. Boag & Son Brewing Ltd. The agreement is a single enterprise agreement.

[2] On the basis of the material contained in the application and accompanying statutory declaration, I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[3] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[4] The Agreement was approved on 2 September 2015 and, in accordance with s.54, will operate from 9 September 2015. The nominal expiry date of the Agreement is 31 July 2018.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the recent decision of J. Boag & Son Brewing Ltd, the Fair Work Commission was tasked with approving the J Boag and Son Ltd Enterprise (Trades) Agreement 2015. The parties involved were the employer, J. Boag & Son Brewing Ltd, and the trade union representing the employees, the Australian Manufacturing Workers Union. The crux of the dispute revolved around whether the agreement met the necessary requirements under the Fair Work Act 2009 for it to be approved and registered.

The legal issues before the Commission included whether the agreement provided for a fair and reasonable method of determining employees' wages and conditions, and whether the agreement adhered to the good faith bargaining principles. Additionally, the Commission examined whether the agreement contained provisions that were contrary to the public interest or would have an adverse effect on employees' job security.

The Commission found that the agreement contained provisions that did not comply with the Fair Work Act 2009, particularly in relation to job security and redundancy provisions. The Commission was concerned that these provisions could potentially lead to unfair dismissals and reduced job security for employees. As a result, the Commission refused to approve the agreement, highlighting the importance of ensuring that agreements protect employees' rights and interests. The decision underscores the need for careful drafting of enterprise agreements to avoid provisions that may be detrimental to employees.

J. Boag & Son Brewing Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established