Queensland Breweries Pty Ltd

[2017] FWCA 1330

[2017] FWCA 1330

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Queensland Breweries Pty Ltd
(AG2016/7694)

QUEENSLAND BREWERIES ENTERPRISE AGREEMENT 2016

Food, beverages and tobacco manufacturing industry
DEPUTY PRESIDENT DEAN	SYDNEY, 8 MARCH 2017

Application for approval of the Queensland Breweries Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Queensland Breweries Enterprise Agreement 2016 (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.

[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, and on the basis of the material contained in the application and accompanying statutory declaration, 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] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] Clause 9.1.5 of the Agreement allows the employer to deduct money from employees for costs of any losses, including theft of goods in their care.  These deductions may not be permitted deductions meeting the requirements of s.324 the Act.  In accordance with ss.253 and 326 of the Act, clause 9.1.5 is of no effect to the extent that it is not about a permitted matter.

[6] The United Voice, Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia and “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 it wants the Agreement to cover them. In accordance with s.201(2) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisations.

[7] The Agreement is approved and, in accordance with s.54, will operate from 15 March 2017. The nominal expiry date of the Agreement is 30 June 2019.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

<Price code J, AE423583  PR590801>

Annexure A