Application for approval of the Queensland Breweries Yatala Enterprise Agreement 2025

[1] Queensland Breweries Pty Ltd ("the Employer") has applied for approval of an enterprise agreement known as Queensland Breweries Yatala Enterprise Agreement 2025 ("the Agreement"). The Application was made under section 185 of the Fair Work Act 2009 ("the Fair Work Act"). The Agreement is a single enterprise agreement.

[2] Clause 4.12 of the Agreement is headed "Hourly Rates of Pay." Paragraph (a) of that clause provides that hourly rates for all full-time and part-time Brewery Technicians are contained in a table that also forms part of paragraph (a). The table has five columns, headed, respectively:

• Pay Level

• Current Hourly Rate

• 4% increase from 1 July 2025

• 4% increase from 1 July 2026; and

• 4% increase from 1 July 2027

[3] United Workers' Union (UWU) has filed a declaration (in form F18) in these proceedings. By way of that declaration UWU has made the following request:

"To ensure that the table at clause 4.1.2(a) of the Agreement accurately reflects the agreed upon and communicated wage increase, UWU asks the Commissioner to consider exercising their discretion under section 586(a) of the Fair Work Act 2009 to correct the wage increase headings to read 4.25% for each year of the Agreement."

[4] I sought submissions from the Applicant which responded as follows:

"The 4.0% per annum represents the agreed headline increase that applies to all employees covered by the Agreement. The additional 0.25% per annum increase referenced by the UWU and noted in the attachments to their F18, forms part of a separate wage adjustment that is in addition to the headline increase and was not intended by the parties to be noted within the headline increase.

As noted by the UWU, the hourly rates of pay as set out in clause 4.1.2 of the Agreement reflect the agreed 4.0% wage increase, in addition to the 0.25% agreed wage adjustment. Asahi Beverages submits that on the basis that the hourly rates of pay correctly reflect the total 4.25% increase, it is not necessary for the FWC to exercise its discretion under section 586(a) of the Act to correct the wage increase headings to read 4.25%."

[5] A Full Bench has doubted that enterprise agreements can be corrected in reliance on section 586 of the Fair Work Act.[1] Section 217 of the Fair Work Act provides for variation of enterprise agreements to remove an ambiguity or uncertainty. Section 218A provides for variation of enterprise agreements to correct or amend errors, defects or irregularities. The power provided for in section 218A can be exercised on the Commission's own initiative.[2] The power under section 217 cannot. I find it is not necessary for me to decide this issue for the purpose of deciding this application for approval of the Agreement. Any person (who has standing to do so) has liberty to apply under section 217 or 218A.

[6] I sought submissions as to whether the workplace delegates' rights term of the agreement meets the requirements of section 205A of the Fair Work Act. The Applicant responded by providing a proposed undertaking. As compliance with section 205A is not a matter in ss.186 or 187 of the Fair Work Act I do not consider an undertaking assists, having regard to section 190. Accordingly, I have not accepted the Applicant's undertaking. United Workers' Union (UWU) made submissions seeking to demonstrate that the term in the Agreement is compliant with section 205A of the Fair Work Act. I accept those submissions.

[7] Noting clause 1.4 of the Agreement, I am satisfied that the more beneficial entitlements of the National Employment Standards ("NES") in the Fair Work Act will prevail where there is an inconsistency between the Agreement and the NES.

[8] In light of the foregoing, and after having regard to the Statement of Principles on Genuine Agreement as well as the application and declarations filed in this matter, I am satisfied that each of the requirements of sections 186, 187, and 188 of the Fair Work Act as are relevant to this application for approval have been met.

[9] Each of the following organisations, being a bargaining representative for the agreement, has given notice under section 183 of the Fair Work Act that it wants to be covered by the Agreement:

"Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union" known as the Australian Manufacturing Workers' Union (AMWU)

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU)

[10] In accordance with subsection 201(2) of the Fair Work Act, and relying on the organisations' declarations, I note that the Agreement covers each of those organisations.

[11] The Agreement is approved and will operate in accordance with section 54 of the Fair Work Act. The nominal expiry date of the Agreement is 30 June 2028.

[1] Construction, Forestry, Maritime, Mining and Energy Union v Mechanical Maintenance Solutions Pty Ltd [2020] FWCFB 1918, [33].

[2] Fair Work Act 2009 (Cth) s 218A(2)(a).

Printed by authority of the Commonwealth Government Printer