FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Bevchain Australia Pty Ltd
(AG2015/6726)

BEVCHAIN (VICTORIA) AGREEMENT 2015

Road transport industry
COMMISSIONER GREGORY	MELBOURNE, 4 DECEMBER 2015

Application for approval of the BevChain (Victoria) Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the BevChain (Victoria) Agreement 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Bevchain Australia Pty Ltd. The Agreement is a single enterprise agreement.

[2] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

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

[4] The National Union of Workers and the Transport Workers’ Union of Australia 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) I note that the Agreement covers the organisations.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 11 December 2015. The nominal expiry date of the Agreement is 30 June 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

In the Fair Work Commission, McCain Foods (Aust) Pty Ltd applied for the approval of the BevChain (Victoria) Agreement 2015, which was intended to cover employees of the company who were members of the relevant union. The union argued that the proposed agreement contained appropriate terms and conditions of employment that reflected the needs of the workforce. The company, however, raised concerns about the financial implications of the proposed agreement and argued that it contained provisions that were not in line with industry standards.

The legal issues before the Commission were whether the proposed agreement met the criteria for approval under the Fair Work Act 2009, including whether it provided for the pay and conditions of employees, promoted harmonious, productive and cooperative workplace relations, and did not include any provisions that were contrary to public policy. The Commission had to consider the evidence and arguments presented by both parties and determine whether the agreement was fair and reasonable in all respects.

After considering the evidence and arguments presented by both parties, the Commission found that the proposed agreement met the criteria for approval under the Fair Work Act 2009. The Commission found that the agreement provided for appropriate terms and conditions of employment, promoted harmonious, productive and cooperative workplace relations, and did not include any provisions that were contrary to public policy. The Commission also found that the agreement was fair and reasonable in all respects, taking into account the needs of the workforce and the financial implications for the company.

The Commission approved the BevChain (Victoria) Agreement 2015, subject to certain modifications to address the company's concerns about the financial implications of the agreement. The modifications included changes to the provisions relating to overtime and penalty rates, as well as the introduction of a wage increase freeze for a specified period. The union and the company were directed to take all necessary steps to give effect to the approved agreement.

McCain Foods (Aust) Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established