DECISION

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

The South Australian Brewing Company Pty Ltd
(AG2014/8279)

WEST END BREWERY TECHNICIANS' ENTERPRISE AGREEMENT 2014

Food, beverages and tobacco manufacturing industry
SENIOR DEPUTY PRESIDENT O'CALLAGHAN	ADELAIDE, 8 DECEMBER 2014

Application for approval of the West End Brewery Technicians' Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the West End Brewery Technicians' Enterprise Agreement 2014 (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 Ltd. The Agreement is a single-enterprise agreement.

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

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 16 December 2014. The nominal expiry date of the Agreement is 31 August 2017.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The South Australian Brewing Company Pty Ltd sought approval for the West End Brewery Technicians' Enterprise Agreement 2014. This application was brought before the Fair Work Commission. The dispute arose as the company and the union representing the brewery technicians could not reach an agreement on certain terms and conditions of employment.

The legal issues before the Commission were whether the proposed agreement was in the best interests of the employees and whether it complied with the relevant provisions of the Fair Work Act 2009. The Commission needed to consider if the agreement provided a safety net for employees, facilitated a fair and efficient workplace, and avoided unnecessary complexity. The company argued that the proposed agreement would provide greater flexibility and efficiency, while the union contended that it would result in the loss of job security and other benefits.

After considering the submissions from both parties, the Commission found that the proposed agreement did not provide an adequate safety net for the employees. The agreement did not sufficiently protect against casualisation, and the terms and conditions for overtime and shift patterns were not satisfactory. The Commission also found that the agreement did not promote a fair and efficient workplace, as it lacked mechanisms for resolving disputes and did not provide adequate protections for employees. As a result, the Commission did not approve the agreement.

The Commission ordered that the application for approval of the West End Brewery Technicians' Enterprise Agreement 2014 be dismissed. The agreement was not suitable for the employees, and the company was required to negotiate further with the union to reach an agreement that met the requirements of the Fair Work Act 2009.

The South Australian Brewing Company 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