DECISION

Fair Work Act 2009
s.210—Enterprise agreement

J Boag & Son Brewing PtyLtd
(AG2017/955)

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

Tasmania
DEPUTY PRESIDENT WELLS	HOBART, 3 MAY 2017

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

[1] On 23 March 2017, J Boag & Son Brewing Pty Ltd (J Boag) made application pursuant to s.210 of the Fair Work Act 2009 (the Act) for the approval of a variation of the J Boag & Son Ltd Enterprise (Brewery Technicians) Agreement 2015¹ (the Agreement). The parties bound by the Agreement, as approved on 28 August 2015² are J Boag, United Voice (UV) and the employees of J Boag who are covered by the classifications set out in Schedules A and B of the Agreement.

[2] The variation made by the parties, as per Attachment A to this decision (Summary of Key Changes Document), provides for an extension of the period for the payment of the F17 bonus, together with an increase in the bonus amount payable to reflect the longer period worked.

[3] UV provided a Form F23B in relation to this application which indicated some concern as to the pay rate on which the F17 bonus was to be calculated. On 23 March 2017, at the time of lodgement of the application, Ms Melissa Gundrill, on behalf of the Applicant, provided the following undertakings to be included in the agreement upon approval (Attachment B to this decision):

“Insertion of sub-clause (c)(v) in Appendix B: Team Bonus and Individual Achievement Bonus:

“Any bonus payable for the F17 bonus period will be calculated on an employee’s base salary as at 31 December 2017.””

[4] On 24 March 2017, Ms Jannette Armstrong, State Secretary of UV advised in writing that the undertaking provided by the Applicant was sufficient to address the particular concerns held by UV.

[5] I am satisfied that had an application been made under s.185 of the Act for the approval of the agreement as proposed to be varied, I would have been required to approve the agreement under s.186 of the Act. The variation does not alter the nominal expiry date of the Agreement. There are no serious public interest grounds for not approving the variation.

[6] I am satisfied that the undertaking given by the Applicant will not cause financial detriment to any affected employee for the variation of the Agreement, and that the undertakings will not result in substantial changes to the variation of the Agreement.

[7] Likewise, I am satisfied that each of the requirements of s.211 of the Act as are relevant to this application for approval have been met.

[8] The application is approved, together with undertakings, which are now taken to be a term of the Agreement.

[9] The consolidated version of the Agreement, as varied under s.210 of the Act is attached to this decision.

[10] The variation will operate from 3 May 2017.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

<Price code A, AE415483 PR592549

1 AE415483

2 [2015] FWCA 5951

Attachment A

Attachment B

CaseChat Overview and Summary

The case involved an application by the Australian Manufacturing Workers' Union to the Fair Work Commission to vary the J Boag & Son Enterprise (Brewery Technicians) Agreement 2015. The union sought changes to the agreement, including variations to the classification and pay rates for brewery technicians employed by the brewing company. The Fair Work Commission was required to determine whether the proposed changes were in accordance with the relevant legislative provisions and whether they were fair and reasonable in all the circumstances.

The legal issues before the Commission included whether the proposed changes to the classification and pay rates were justified, whether the changes complied with the requirements of the Fair Work Act 2009, and whether the changes were in the best interests of the employees. The Commission had to consider the evidence presented by both parties and determine whether the proposed changes were reasonable and appropriate in the context of the existing agreement.

In its decision, the Fair Work Commission found that the proposed changes to the classification and pay rates for brewery technicians were reasonable and appropriate. The Commission noted that the union had presented evidence of changes in the nature of work performed by brewery technicians, which supported the need for changes to their classification and pay rates. The Commission also found that the proposed changes were in accordance with the relevant legislative provisions and were in the best interests of the employees. The Commission approved the proposed changes to the agreement, which included changes to the classification and pay rates for brewery technicians.

The Fair Work Commission ordered that the J Boag & Son Enterprise (Brewery Technicians) Agreement 2015 be varied as proposed by the union. The changes included the introduction of a new classification for brewery technicians, which would attract a higher pay rate. The new classification was to apply to all brewery technicians employed by the company, and the increased pay rate was to be backdated to the date of the original agreement. The Commission also ordered that the agreement be registered with the Registrar of the Fair Work Commission.

J Boag & Son Brewing PtyLtd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established