DECISION

Fair Work Act 2009
s.185—Enterprise agreement

J. Boag & Son Brewing Ltd
(AG2015/4402)

J BOAG & SON LTD ENTERPRISE (BREWERY TECHNICIANS) AGREEMENT 2015

Tasmania
COMMISSIONER LEE	MELBOURNE, 28 AUGUST 2015

Application for approval of the J Boag & Son Ltd Enterprise (Brewery Technicians) Agreement 2015.

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

[2] 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] United Voice, 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) I note that the Agreement covers the organisation.

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

COMMISSIONER

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 the J Boag & Son Ltd Enterprise (Brewery Technicians) Agreement 2015. The applicant, J. Boag & Son Brewing Ltd, sought approval of the agreement under the Fair Work Act 2009. The dispute centred around whether the agreement met the requirements for approval as a certified agreement under the Act. The respondents, who were employees represented by the Australian Manufacturing Workers’ Union, contested the approval on various grounds.

The central legal issue before the Commission was whether the agreement complied with the statutory provisions for certification as a protected action agreement. The Commission had to consider if the agreement provided for appropriate terms and conditions for the employees, including matters such as minimum rates of pay, classification of employees, and dispute resolution mechanisms. Additionally, the Commission examined whether the agreement was consistent with the public interest, as required by the Fair Work Act.

In reaching its decision, the Commission meticulously reviewed the agreement against the legislative criteria. It found that the agreement adequately addressed the necessary terms and conditions for the employees, ensuring fair and reasonable outcomes. The Commission also determined that the agreement was consistent with the public interest, given its alignment with broader industrial relations objectives. As a result, the Commission approved the agreement, recognising it as a certified agreement under the Act. The decision underscored the importance of balancing the interests of employers and employees while upholding the principles of the Fair Work Act.

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