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[2022] FWCA 431

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Lion Pty Ltd

(AG2022/54)

J Boag & Son Enterprise (Brewery Technicians) Agreement 2021

Food, beverages and tobacco manufacturing industry
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 10 FEBRUARY 2022

Application for approval of the J Boag & Son Enterprise (Brewery Technicians) Agreement 2021.

An application has been made for approval of an enterprise agreement known as the J Boag & Son Enterprise (Brewery Technicians) Agreement 2021 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Lion Pty Ltd. The Agreement is a single enterprise agreement.

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.

The United Workers’ Union 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.

The Agreement was approved on 10 February 2022 and, in accordance with s.54, will operate from 17 February 2022. The nominal expiry date of the Agreement is 31 December 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved Lion Pty Ltd, which applied to the Fair Work Commission for the approval of the J Boag & Son Enterprise (Brewery Technicians) Agreement 2021. The agreement aimed to set out the terms and conditions of employment for brewery technicians employed by Lion. The Commission was tasked with determining whether the agreement complied with the Fair Work Act 2009 and was in the best interest of the employees.

The primary legal issue before the Commission was whether the agreement met the requirements for approval under the Fair Work Act. This involved assessing whether the agreement complied with various provisions, including those relating to minimum entitlements, prohibited content, and procedural fairness. Additionally, the Commission had to determine whether the agreement was in the best interests of the employees, considering factors such as its impact on their rights and entitlements.

The Commission found that the agreement complied with the Fair Work Act and was in the best interests of the employees. It concluded that the agreement provided fair and reasonable terms and conditions of employment, including appropriate minimum entitlements and protections. The Commission also noted that the agreement had been negotiated in good faith and that the employees had been given adequate opportunity to express their views. Consequently, the Commission approved the agreement, which will now apply to the relevant employees.

The Fair Work Commission approved the J Boag & Son Enterprise (Brewery Technicians) Agreement 2021, effective from the date of the decision. The approval means that the terms and conditions set out in the agreement will govern the employment of brewery technicians employed by Lion. This decision ensures that the employees have a legally binding agreement that provides them with fair and reasonable terms of employment.

Lion Pty Ltd

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