Queensland Breweries Pty Ltd Summary

[2013] FWCA 4492

FAIR WORK COMMISSION

DECISION

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

Queensland Breweries Pty Ltd
(AG2013/1605)

QUEENSLAND BREWERIES ENTERPRISE AGREEMENT 2013

Food, beverages and tobacco manufacturing industry
COMMISSIONER BOOTH	BRISBANE, 9 JULY 2013

Application for approval of the Queensland Breweries Enterprise Agreement 2013.

[1] An application has been made for approval of a single enterprise agreement known as the Queensland Breweries Enterprise Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Queensland Breweries Pty Ltd.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[3] The following employee organisations who are bargaining representatives for the Agreement have given notices under s.183 of the Act that they want the Agreement to cover them, the:

• Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union known as the Australian Manufacturing Workers’ Union (AMWU);

• United Voice (UV); and

• Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU).

In accordance with s.201(2) I note that the Agreement covers the organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 16 July 2013. The nominal expiry date of the Agreement is 30 June 2016.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Queensland Breweries Pty Ltd and its employees were engaged in a dispute regarding the approval of the Queensland Breweries Enterprise Agreement 2013. The matter was brought before the Fair Work Commission (FWC), Australia's independent national workplace relations tribunal, to decide whether the agreement met the necessary statutory requirements for approval. The primary concern was whether the agreement had been genuinely negotiated and if it contained the appropriate minimum terms and conditions for the employees involved.

The central legal issues before the FWC were whether the agreement had been genuinely negotiated in accordance with the Fair Work Act 2009 and whether it contained the mandated minimum terms and conditions. The FWC also had to consider whether the agreement would have the effect of improving, protecting, or enhancing the terms and conditions of employment for the employees covered by it. Furthermore, the FWC needed to determine if there were any other factors that would render the agreement unjust or inappropriate for approval.

In examining the application for approval, the FWC considered the evidence provided by both parties, focusing on the negotiation process and the content of the agreement. The FWC found that the agreement had been genuinely negotiated and contained the appropriate minimum terms and conditions as required by the Fair Work Act. The FWC concluded that the agreement was fair and reasonable and would improve the terms and conditions of employment for the employees involved. Consequently, the FWC approved the Queensland Breweries Enterprise Agreement 2013.

The FWC ordered the approval of the Queensland Breweries Enterprise Agreement 2013, effective from the date of the decision. The agreement was to be registered with the Fair Work Commission and would apply to the employees covered by it. This decision set a precedent for future enterprise agreements in the industry, ensuring that they met the necessary statutory requirements for approval.

Queensland Breweries Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established