Castlemaine Perkins Limited v The Federated Liquor and Allied Industries Employees Union of Australia, Queensland Branch, Union of Employers and Others [1993] QIRC 196 (1993) 143 QGIG 248

248 QUEENSLAND GOVERNMENT INDUSTRIAL GAZETTE (18 June, 1993 ###11############1/####lt#####I/############################# QUEENSLAND INDUSTRIAL RELATIONS COMMISS ION industrial Relation A et 1990 Division I A Part I 0 - approval of cenified agreemen1 Castlemaine Perkins Limited AND The Federated Liquor and Allied Industries Employees Union of Australia, Queens land Branch. Union of Emp loyers and Others (No. CA 20 of 1993) BREWING INDUSTRY AWARD - CASTLEl'vlAINE PERKINS EMPLOYEES - CERTIFIED AGREEMENT COMMISSIONER FISHER 31 May 1993 Cenified Agreement - Comm ission is sa ti sfied that the Agreement does not disadvantage Employees who are Covered by th e Certified Agreement - Clause Rdating to Guaranteed Fair Treatment Included - Consultation - Single 13argaining lln it - Agreement cenified as from 21 May 1993. \ I 18 June, 1993] QUEENSLAND GOVERNMENT INDUSTRIAL GAZETTE REPORT ON DECISION In giving her decision from the Bench on 21 May 1993, Commissioner Fisher said as follows :- "Under section I0.3E(l) of the In dustrial Relations Act the Commission must certify an agreement if it is satisfied that cenain criteria are met . The Commission has had the opportunity to hear submissions from the parties and has been taken to relevant parts of the Agreement ln addition, the Commission from past experience with this organization including the approval of its earlier Enterprise Bargaining Agreement is aware of the conditions of employment which apply to employees. Accordingly, the Commission is satisfied that the Agreement does not disadvantage employees who are covered by the Certified Agreement in relation to their tem1s of employment. Section I0.3E(1Xb) provides that the agreement include procedures for preventing and settling disputes between the employers and employees abo ut matters arising under the Agreement. ln this respect, the clause relating to guaranteed fair treatment refers. TI1e Comm ission is also required to be satisfied that each industrial organization of employees is a party to the agreement, took reasonable steps prior to the application for cenification to consu lt with relevant members and inform them of the in tenti on to apply for certification. The subm iss ions from all parties covers this point and in terms of paragraph (c) and (e) of this section. the Commission has been informed of the consultations and their outcomes. The Commission is also satisfied that the Agreement has been negotiated by a single bargaining unit and that a period of operation is specified. Accordingly, the Commission certifies this Agreement to take effect from today, Friday 21 May 1993, and in this regard certa in consequential amendments will need to be made to the document which is before th e Commission. As I indicated, the Comm ission is required to be satisfied that certain cri teria are met and I have indicated that I believe that to be so. However, before adjourning, I would also comment that the Agreement which has been put before me appears to extend and encourage the significant cultural and attitudinal changes which have been occurring at th e brewery in recent times. I would congratulate the parties on their efforts in this regard and also in relation to the document wh ich has now been ce.nified.". Dated this th in y-first day of May. 1993. By the Commission, [L.S.] M. J. CALLEN. Industrial Registrar. Appearances: - Mr D. Matthews for Castlemaine Perkins Limited Mr C. Barrett for The Federated L iq our and Allied In dustries Employees Union of Australi a, Queensland Branch. Union of Employees; and the Federated Engine Drivers' and firemens· Association of Australia Queensland Branch Union of Employees. Mr I. McLeod for The Metals and Engineering Workers' Industrial Union of Employees. Queensl:u1d. Mr N. Roberts for 1be Electrical Trades Union of Employees of Australia, Queens land Branch. Operative Date: 21 May 1993 Decision - Certified Agreement Released: 8 June 1993 249 -- 1 of 1 --