DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Tru Blu Beverages Pty Limited
(AG2019/1655)

TRU BLU BEVERAGES PTY LIMITED ENTERPRISE BARGAINING AGREEMENT 2019

Food, beverages and tobacco manufacturing industry
COMMISSIONER YILMAZ	MELBOURNE, 8 AUGUST 2019

Application for approval of the Tru Blu Beverages Pty Limited Enterprise Bargaining Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Tru Blu Beverages Pty Limited Enterprise Bargaining Agreement 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Tru Blu Beverages Pty Limited. The Agreement is a single enterprise agreement.

[2] The Employer 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 are relevant to this application for approval and 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] The Agreement is approved and, in accordance with s.54, will operate from 15 August 2019. The nominal expiry date of the Agreement is 7 August 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, Tru Blu Beverages Pty Limited was the subject of an application for approval of the Tru Blu Beverages Pty Limited Enterprise Bargaining Agreement 2019. The Fair Work Commission was tasked with determining whether the agreement met the necessary requirements under the Fair Work Act 2009. The legal issues before the Commission centred on the agreement's compliance with the Act, particularly concerning its procedural fairness and whether it provided for the minimum entitlements as stipulated by the legislation.

The Commission assessed whether the bargaining process adhered to the statutory requirements, ensuring that the agreement was genuinely negotiated and not imposed. Additionally, the Commission examined if the agreement provided for the minimum terms and conditions mandated by the Fair Work Act, including provisions for minimum wages, penalty rates, and other employment standards. The focus was also on whether the agreement contained any provisions that could potentially undermine the existing protections for employees.

The Commission concluded that the agreement was fairly negotiated and met the requirements of the Fair Work Act. It provided for the minimum entitlements and adhered to the procedural fairness standards. The Commission approved the Enterprise Bargaining Agreement 2019, highlighting the importance of ensuring that the agreement facilitated fair and equitable terms for both employers and employees. This decision reinforced the need for compliance with legislative standards to protect the rights of workers and maintain industrial harmony.

Tru Blu Beverages Pty Limited

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established