DECISION

Fair Work Act 2009
s.185—Enterprise agreement

The South Australian Brewing Company Pty Limited T/A Lion
(AG2017/6638)

WEST END BREWERY TECHNICIANS' ENTERPRISE AGREEMENT 2017

Manufacturing and associated industries
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 27 APRIL 2018

Application for approval of the West End Brewery Technicians' Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the West End Brewery Technicians’ Enterprise Agreement 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by The South Australian Brewing Company Pty Limited T/A Lion. 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, 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. 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.

[4] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia; “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU); and United Voice being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they wish to be covered by the Agreement. In accordance with s.201(2) I note that the Agreement covers the organisations.

[6] The Agreement was approved on 27 April 2018 and, in accordance with s.54, will operate from 4 May 2018. The nominal expiry date of the Agreement is 31 August 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The South Australian Brewing Company Pty Limited T/A Lion applied to the Fair Work Commission for approval of the West End Brewery Technicians' Enterprise Agreement 2017. The application followed the negotiation of the agreement between Lion and the relevant union representatives. The dispute arose as the Fair Work Commission needed to determine whether the agreement complied with the requirements of the Fair Work Act 2009.

The legal issues before the Fair Work Commission involved assessing whether the agreement met the criteria for approval under the Fair Work Act. This included ensuring the agreement provided for the terms and conditions of employment, did not discriminate on prohibited grounds, and allowed for the fair and timely resolution of disputes. The Commission also considered the process by which the agreement was negotiated and whether it met the good faith bargaining requirements.

In delivering its decision, the Fair Work Commission examined the terms of the agreement, the negotiation process, and evidence presented by the parties. The Commission found that the agreement contained terms and conditions of employment that were fair and reasonable, did not include any discriminatory provisions, and provided for effective dispute resolution mechanisms. The Commission also determined that the negotiation process was conducted in good faith, meeting the legislative requirements for approval. Based on these findings, the Commission approved the agreement.

The Fair Work Commission's final order was that the West End Brewery Technicians' Enterprise Agreement 2017 be approved and registered under the Fair Work Act. The decision affirmed the agreement's validity and ensured it would govern the employment conditions of the technicians at the West End Brewery.

The South Australian Brewing Company Pty Limited T/A Lion

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established