Breweries (State) Award [2008] NSWIRComm 1002

Breweries (State) Award [2008] NSWIRComm 1002

The Breweries Award retained common rule application because its incidence clause and conciliation committee coverage extended beyond Tooheys to brewery workers in New South Wales, so it did not become an enterprise agreement under S.44C merely because only Tooheys was recorded as an employer respondent. The Secure Employment Case was a test case decision that could be implemented in the award during the S.19 review process. The Commission therefore made the proposed new Breweries Award with necessary consequential amendments.

Jurisdiction
Australia
Judgment Date
08 January 2008
Procedural Posture
Notice of Award Review Pursuant to S.19 of the Industrial Relations Act, 1996 / Hearing Converted From Mention; Award Review Completed
Outcome
Proposed new Breweries Award made; S.19 review completed; award operative from the beginning of the first pay period to commence on or after Tuesday, 8 January, 2008.
Legal Topics
['award Review' 'brewery Industry Award' 'common Rule Application' 'notional Agreements Preserving State Awards' 'preserved State Agreements' 'secure Employment Test Case Clause']
['industrial Relations' 'employment Law'] ['award Review' 'brewery Industry Award' 'common Rule Application' 'notional Agreements Preserving State Awards' 'preserved State Agreements' 'secure Employment Test Case Clause']

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Procedural Posture

Notice of Award Review Pursuant to S.19 of the Industrial Relations Act, 1996 / Hearing Converted From Mention; Award Review Completed

Legal Issues

  1. 1 ['Whether the Breweries (State) Award should be reviewed, modernised and consolidated under S.19 of the Industrial Relations Act 1996.' 'Whether the Breweries Award had common rule application or was converted into an enterprise agreement under S.44C.' 'Whether a clause reflecting the Secure Employment Case could be inserted as part of the S.19 review process without a separate application.']

Ratio Decidendi

The Breweries Award retained common rule application because its incidence clause and conciliation committee coverage extended beyond Tooheys to brewery workers in New South Wales, so it did not become an enterprise agreement under S.44C merely because only Tooheys was recorded as an employer respondent. The Secure Employment Case was a test case decision that could be implemented in the award during the S.19 review process. The Commission therefore made the proposed new Breweries Award with necessary consequential amendments.

Court Disposition

Proposed new Breweries Award made; S.19 review completed; award operative from the beginning of the first pay period to commence on or after Tuesday, 8 January, 2008.

Orders

  • ["Registry staff directed to delete Foster's Group from the party cards for the Breweries Award." 'The proposed new Breweries Award is made with all consequential amendments necessary from the re-numbering of existing clauses and insertion of the relevant provision in Clause 38, Area, Incidence and Duration,...