DECISION

Fair Work Act 2009
s.185—Enterprise agreement

J Boag & Son Brewing Pty Ltd
(AG2018/2704)

J BOAG & SON LTD ENTERPRISE (BREWERY TECHNICIANS) AGREEMENT 2018

Tasmania
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 27 SEPTEMBER 2018

Application for approval of the J Boag & Son Ltd (Brewery Technicians) Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the J Boag & Son Ltd (Brewery Technicians) Enterprise Agreement 2018 (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 Pty 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. 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.

[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 was approved on 27 September 2018 and, in accordance with s.54, will operate from 4 October 2018. The nominal expiry date of the Agreement is 31 December 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, J Boag & Son Brewing Pty Ltd, sought approval of the J Boag & Son Ltd (Brewery Technicians) Enterprise Agreement 2018 from the Fair Work Commission. The dispute centred on whether the agreement complied with the requirements of the Fair Work Act 2009 and the Fair Work (Registered Organisations) Act 2009. The Fair Work Commission was tasked with determining the legality of the agreement.

The primary legal issues the Commission needed to address were whether the agreement was made in good faith, and whether it met the criteria for being a single, indivisible agreement as required by the legislation. Additionally, the Commission examined whether the agreement appropriately dealt with the terms and conditions of employment for the brewery technicians, ensuring they were not disadvantaged.

The Commission found that the agreement was made in good faith and was a single, indivisible document, meeting the statutory requirements. The terms and conditions were considered fair and reasonable, providing adequate protections for the employees without disadvantaging them. Consequently, the Commission approved the agreement.

The Fair Work Commission approved the J Boag & Son Ltd (Brewery Technicians) Enterprise Agreement 2018, finding it to be in compliance with the relevant legislation. The agreement was deemed to have been made in good faith, was a single, indivisible document, and provided fair and reasonable terms and conditions of employment for the brewery technicians.

J Boag & Son Brewing Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established