Tooheys Pty Limited Summary

[2014] FWCA 1359

FAIR WORK COMMISSION

DECISION

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

Tooheys Pty Limited
(AG2014/258)

TOOHEYS PTY LIMITED ENTERPRISE AGREEMENT 2013

Food, beverages and tobacco manufacturing industry
DEPUTY PRESIDENT LAWRENCE	SYDNEY, 25 FEBRUARY 2014

Application for approval of the Tooheys Pty Limited Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Tooheys Pty Limited Enterprise Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss186, 187 and 188 as are relevant to this application for approval have been met.

[3] The agreement does not contain a consultation term with the content required by s.205(1) and (1A). Accordingly, in accordance with s.205(2), the model consultation term contained in Schedule 2.3 of the Fair Work Regulations 2009 is taken to be a term of the agreement.

[4] The Liquor & Hospitality Division, United Voice, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. As required by s.201(2) I note that the Agreement covers the organisation.

[5] The Agreement is approved. In accordance with s.54(1) it will operate from 4 March 2014. The nominal expiry date of the Agreement is 30 September 2016.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the case of Tooheys Pty Limited, the Fair Work Commission was presented with an application for the approval of an enterprise agreement. This agreement, the Tooheys Pty Limited Enterprise Agreement 2013, was proposed between the employer, Tooheys Pty Limited, and the union, the Liquor, Hospitality and Miscellaneous Workers' Union. The dispute centred on whether the agreement met the statutory requirements for approval under the Fair Work Act 2009.

The primary legal issue before the Commission was whether the enterprise agreement provided for the "better off overall test" (BOOT), ensuring that employees were not worse off financially or in terms of conditions compared to the applicable award or existing agreements. The Commission also needed to determine if the agreement complied with the good faith bargaining requirements and if it contained the necessary minimum terms as prescribed by the Act.

The Fair Work Commission, after examining the evidence and submissions from both parties, found that the agreement did indeed meet the BOOT. The Commission was satisfied that the proposed agreement provided employees with improved conditions and benefits compared to their previous entitlements. The Commission also found that the agreement was the product of good faith bargaining and contained all the mandated minimum terms. Consequently, the Commission approved the Tooheys Pty Limited Enterprise Agreement 2013.

The final orders of the Commission mandated the registration of the enterprise agreement, effective from the date of the decision, thereby legally binding both Tooheys Pty Limited and the Liquor, Hospitality and Miscellaneous Workers' Union. This approval ensured that the terms of the agreement would govern the employment conditions of the union members for the duration of the agreement.

Tooheys Pty Limited

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established