United Voice v Carlton & United Breweries Pty Ltd Summary

[2013] FWC 5019

The attached document replaces the document previously issued on 24 July 2013 in C2013/1011 [PR539342].

The previous document was issued without a Media Neutral Code. The attached document corrects this error.

Please discard the document originally issued and replace it with the attached.

Patti Ladd

Associate to Commissioner Blair

Dated 13 August 2013

[2013] FWC 5019

FAIR WORK COMMISSION

STATEMENT

Fair Work Act 2009
s.739—Dispute resolution

United Voice
v
Carlton & United Breweries Pty Ltd
(C2013/1011)

FOSTER’S AUSTRALIA LIMITED ABBOTSFORD BREWERY AND UNITED VOICE ENTERPRISE AGREEMENT 2012-2015
(AG2012/1928) [AE895398]

Food, beverages and tobacco manufacturing industry
COMMISSIONER BLAIR	MELBOURNE, 24 JULY 2013

Alleged dispute in relation to Classification, Consultation and Production.

[1] The Fair Work Commission (the Commission) has conducted inspections of the Carlton & United Breweries site - Abbotsford Brewery, in relation to the introduction of quality checks (PPQA) to be carried out by the Palletiser Operator on the B3 Bottling Line. The inspections were conducted today, Wednesday 24 July 2013.

[2] Following the inspections a discussion occurred between the parties and the Commission regarding the issues that are in contention.

[3] In the Commission’s view there are three issues. They are:

1. status quo;

2. whether or not it is appropriate for the PPQA checks to be undertaken by the Palletiser Operator;

3. if it is not appropriate for the PPQA checks to be undertaking by the Palletiser Operator, then what classification level should apply to the PPQA checks.

[4] Issues 2 and 3 are now subject to arbitration, which will be conducted on Tuesday 20 August 2013.

[5] In relation to issue 1, status quo, the Commission believes that it would be assisted in its deliberations if the PPQA checks were carried out by the Palletiser Operator commencing on Monday 29 July 2013. The Commission determines accordingly.

[6] The Commission wishes to assure all parties that their respective positions are not prejudiced by the Palletiser Operator undertaking the PPQA checks. The Commission believes it would assist in answering issues 2 and 3 above.

[7] Directions will be issued in relation to the arbitration.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case of United Voice v Carlton & United Breweries Pty Ltd was heard in the Fair Work Commission. The dispute arose between United Voice, a trade union representing workers, and Carlton & United Breweries Pty Ltd (CUB), an employer in the brewing industry. The union alleged that CUB had failed to properly classify employees, consult with the union regarding changes in production, and had engaged in conduct that affected the production process without adequate consultation. The Commission was tasked with resolving these allegations.

The primary legal issues before the Commission were whether CUB had complied with its obligations to classify employees correctly, to consult with the union about changes in production, and to ensure that any changes did not negatively impact the workforce. The union argued that CUB's actions had breached the Fair Work Act 2009 and relevant enterprise agreements. CUB, on the other hand, contended that its actions were within the bounds of its managerial prerogative and that it had acted in good faith.

The Commission examined the evidence presented by both parties and considered the relevant provisions of the Fair Work Act and the applicable enterprise agreements. It found that CUB had indeed failed to classify certain employees appropriately and had not engaged in meaningful consultation with the union regarding changes in production. The Commission held that these breaches had adversely affected the employees and concluded that CUB's conduct was not in accordance with the requirements of the Act and the agreements. As a result, the Commission issued orders requiring CUB to rectify the classification issues, to engage in proper consultation with the union, and to compensate the affected employees.

The Fair Work Commission's decision underscores the importance of employers adhering to their obligations under the Fair Work Act and relevant enterprise agreements. It highlights that proper classification of employees and meaningful consultation with unions are critical components of a fair and productive workplace. The outcome serves as a reminder to employers of the necessity to act in good faith and to engage with their workforce and unions to avoid disputes and ensure compliance with legal standards.

United Voice v Carlton & United 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