Queensland Breweries Pty Ltd

[2023] FWCA 385

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Queensland Breweries Pty Ltd

(AG2023/108)

Queensland Breweries Yatala Enterprise Agreement 2022

Food, beverages and tobacco manufacturing industry
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 10 FEBRUARY 2023

Application for approval of the Queensland Breweries Yatala Enterprise Agreement 2022

An application has been made for approval of an enterprise agreement known as the Queensland Breweries Yatala Enterprise Agreement 2022 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Queensland Breweries 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, the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and the Allied Services Union of Australia and the “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) 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.

The Agreement was approved on 10 February 2023 and, in accordance with s.54, will operate from 17 February 2023. The nominal expiry date of the Agreement is 30 June 2025.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, the applicant, Queensland Breweries, sought approval of the Queensland Breweries Yatala Enterprise Agreement 2022. The respondent, the Transport Workers Union of Australia, opposed the application. The nature of the dispute centred on the proposed terms and conditions set forth in the enterprise agreement, particularly the impact on employee entitlements and working arrangements.

The primary legal issues before the Commission were whether the proposed agreement complied with the requirements of the Fair Work Act 2009 and whether it was made in good faith and without coercion. The Commission had to determine if the agreement provided fair and reasonable terms for the employees, including whether it appropriately balanced the interests of both parties. Additionally, the Commission examined the process through which the agreement was negotiated to ensure it met the necessary procedural standards.

The Commission found that the agreement was made in good faith and without coercion. The proposed terms were deemed to be fair and reasonable, providing adequate protections for the employees while allowing the applicant to achieve its business objectives. The Commission noted the comprehensive process of negotiation, which included multiple meetings and submissions from both parties, as evidence of good faith. Consequently, the Commission approved the Queensland Breweries Yatala Enterprise Agreement 2022.

The final orders of the Commission were that the Queensland Breweries Yatala Enterprise Agreement 2022 be approved and registered with the Fair Work Commission. The agreement will now serve as the basis for the terms and conditions of employment for the relevant employees, effective from the date of registration.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established