Lion – Beer, Spirits & Wine Pty Ltd

[2021] FWCA 582

[2021] FWCA 582

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Lion – Beer, Spirits & Wine Pty Ltd
(AG2021/94)

WEST END BREWERY TECHNICIANS’ ENTERPRISE AGREEMENT 2020.

Food, beverages and tobacco manufacturing industry
COMMISSIONER PLATT	ADELAIDE, 5 FEBRUARY 2021

Application for approval of the West End Brewery Technicians’ Enterprise Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as the West End Brewery Technicians’ Enterprise Agreement 2020 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act) by Lion – Beer, Spirits & Wine Pty Ltd (the Applicant). The agreement is a single enterprise agreement.

[2] The matter was allocated to my Chambers on 3 February 2021.

[3] On 4 February 2021, an email was sent to the parties seeking clarification about aspects of the Agreement. The Applicant was invited to address these matters including through the provision of an undertaking.

[4] The Applicant has submitted an undertaking in the required form dated 4 February 2021. The undertaking clarifies that clause 29(a) of the Agreement includes disputes under the National Employment Standards (NES) and in the Agreement.

[5] In addition, I note that the inconsistencies between clauses 17(1)(f) and 24(f) of the Agreement and the NES are remedied by the NES precedence clause in 3(b) of the Agreement. In particular, a public holiday may be substituted by agreement between the employer and an individual employee and clause 24(f) applies in relation to serious misconduct.

[6] A copy of the undertaking has been provided to the bargaining representatives and I have sought their views in accordance with s.190(4) of the Act. The bargaining representatives supported the undertaking.

[7] The undertaking appears to meet the requirements of s.190(3) of the Act and I have accepted it. As a result, the undertakings are taken to be a term of the Agreement.

[8] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU), Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia and the United Workers’ Union, being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) of the Act I note that the Agreement covers these organisations.

[9] I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act as are relevant to this application for approval have been met.

[10] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 days after the date of approval of the Agreement. The nominal expiry date is 31 August 2021.

COMMISSIONER

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