austlii:cth/FWCA/2025/3832
General information, not legal advice.
FWCA
2025-11-14
Original judgment source is linked above.
s.185 - Application for approval of a single-enterprise agreement
CASCADE BEVERAGES AND UNITED WORKERS' UNION ENTERPRISE AGREEMENT 2025
Application for approval of the Cascade Beverages and United Workers' Union Enterprise Agreement 2025
[1] An application has been made for approval of an enterprise agreement known as the Cascade Beverages and United Workers' Union Enterprise Agreement 2025 (the Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Cascade Brewery Company Pty Ltd (the Applicant). The Agreement is a single enterprise agreement.
[2] The Applicant has provided written undertakings (Annexure A). In accordance with s.190(4) of the Act the views of the bargaining representatives for the agreement were sought in relation to the undertakings. 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] Having regard to the supporting material and the undertakings referred to above, I am satisfied that each requirement of ss186, 187 and 188 as is relevant to this application for approval has been met. The undertakings are taken to be a term of the Agreement.
[4] I note that Clause 4 of the Agreement provides as follows:
This Agreement will be read and interpreted in conjunction with the National Employment Standards (NES) provided that where there is any inconsistency between the Agreement and the NES, the more beneficial provision to an employee will take precedence.
[5] I am satisfied that this clause resolves any outstanding issues in relation to the operation of clauses 12.2, 14.3, 20.1, and 23.4(a).
[6] The United Workers Union (UWU) lodged a Form F18 statutory declaration giving notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) of the Act, I note the Agreement covers the UWU.
[7] The Agreement is approved and will operate in accordance with s.54 of the Act. The nominal expiry date of the Agreement is 30 June 2029.
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