J Boag & Son Brewing PtyLtd

[2017] FWCA 2385

[2017] FWCA 2385

FAIR WORK COMMISSION

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