Queensland Breweries Pty Ltd

[2019] FWCA 5609

[2019] FWCA 5609

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Queensland Breweries Pty Ltd
(AG2019/2378)

QUEENSLAND BREWERIES ENTERPRISE AGREEMENT 2019

Food, beverages and tobacco manufacturing industry
COMMISSIONER BOOTH	BRISBANE, 13 AUGUST 2019

Application for approval of the Queensland Breweries Enterprise Agreement 2019.

[1] An application has been made under s.185 of the Fair Work Act 2009 (the Act) by Queensland Breweries Pty Ltd (the Applicant) for approval of the Queensland Breweries Enterprise Agreement 2019 (the Agreement). The agreement is a single enterprise agreement.

[2] Correspondence was sent to the Applicant and the bargaining representatives on 29 July 2019, raising concerns in relation to the “shiftworker” definition under the Agreement, and concerns in relation to terms that appeared less beneficial than the National Employment Standards (NES).

[3] Signed undertakings were provided by the Applicant on 31 July 2019, addressing the concerns raised in relation to the shiftworker definition.

[4] The undertakings meets the requirements of s.190(3) of the Act and I have accepted them. As a result, the undertakings are then to be a term of the Agreement and are attached to this Decision as Attachment A.

[5] As to the concerns raised in relation to the NES, the Applicant confirmed the following approach.

[6] I observe that the following provisions are likely to be inconsistent with the NES:

•  Clause 7.1 - Annual leave;

•  Clause 7.7 - Personal/carer’s leave;

•  Clause 7.5 - Public holidays; and

•  Clause 7.7 - Family and domestic violence leave.

[7] However, noting clause 1.2 of the Agreement, I rely on this NES precedence clause and am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[8] Subject to the undertakings provided, and the matters raised at paragraphs [6] and [7], 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.

[9] The "Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union" known as the Australian Manufacturing Workers' Union (AMWU), the United Voice, and the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU) filed Form F18s in this matter. The AMWU, United Voice and the CEPU stated it supports approval of the Agreement, and provided notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(1), I note that the Agreement covers the AMWU, United Voice and the CEPU.

[10] The Agreement is approved and, in accordance with s.54 of the Act and clause 1.2 of the Agreement, will operate from 7 days from the date of approval of the Agreement. The nominal expiry date is 30 June 2022.

COMMISSIONER

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