Liquor, Hospitality and Miscellaneous Union

Case

[2009] FWA 216

3 SEPTEMBER 2009

No judgment structure available for this case.

[2009] FWA 216


FAIR WORK AUSTRALIA

DECISION

Fair Work Act 2009
s.185—Approval of enterprise agreement

Liquor, Hospitality and Miscellaneous Union
(AG2009/702)

COOPERS BREWERY LIMITED ENTEPRISE AGREEMENT 2009

Food, beverages and tobacco industry

SENIOR DEPUTY PRESIDENT O’CALLAGHAN

ADELAIDE, 3 SEPTEMBER 2009

Application for approval of the Coopers Brewery Limited Enterprise Agreement 2009.

[1] An application has been made for approval of an enterprise agreement known as the Coopers Brewery Limited Enterprise Agreement 2009 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by the Liquor, Hospitality and Miscellaneous Union. The agreement is a single-enterprise agreement.

[2] The Agreement was made during the bridging period 1 as defined in the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 (the Transitional Act), accordingly, when considering whether to approve the Agreement I have taken into account the provisions of Part 2–4 of Chapter 2 of the Act as modified by Schedule 7 of the Transitional Act.

[3] 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.

[4] I have noted that the Agreement includes a flexibility term and provides for consultation provisions consistent with s. 205.

[5] The Liquor, Hospitality and Miscellaneous Union (LHMU), Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU) and Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union (AMWU) being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers these organisations.

[6] The Agreement is approved and, in accordance with s.54, will operate from 10 September 2009. The nominal expiry date of the Agreement is 30 June 2012.

SENIOR DEPUTY PRESIDENT

 1   Item 2, Part 1, of Schedule 2.




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