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

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, Queensland Breweries Pty Ltd applied for the approval of the Queensland Breweries Enterprise Agreement 2016. The applicant sought to have the agreement, which had been negotiated between themselves and a number of unions representing their employees, recognised as a certified agreement under the Fair Work Act 2009. The primary issue before the Commission was whether the agreement met the requirements for approval, including whether it provided for the terms and conditions of employment of the employees it covered and whether it complied with the good faith bargaining provisions of the Act.

The Commission examined the agreement clause by clause, considering whether each provision was consistent with the legislative requirements. The Commission found that the agreement provided for the terms and conditions of employment of the relevant employees and that it complied with the good faith bargaining provisions of the Act. The Commission also found that the agreement was in the best interests of the employees it covered, taking into account factors such as the level of benefits and protections provided and the potential impact on employees' job security and working conditions. Based on these findings, the Commission approved the agreement as a certified agreement under the Act.

In approving the agreement, the Commission made orders that the agreement be registered as a certified agreement and that it be given effect as a binding contract of employment for the employees it covered. The Commission also made orders setting out the period of operation of the agreement and the procedures for its variation or termination. These orders were made in accordance with the provisions of the Fair Work Act 2009 and the Fair Work Regulations 2009.

Queensland Breweries 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