AFMEPKI Union and Bevco Pty Ltd [2006] NSWIRComm 1037

AFMEPKI Union and Bevco Pty Ltd [2006] NSWIRComm 1037

The plain and ordinary meaning of the Aerated Waters (State) Award covers employment in the manufacture and/or distribution and bottling of fruit juices by beverage makers, and there is no impediment to Bevco Pty Ltd applying the Aerated Waters Award to its Mudgee operations. The Food Award does not more appropriately or exclusively apply in the circumstances, given the definitions and history of both awards.

Parties
Notifier: Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union; Respondent: Bevco Pty Ltd
Jurisdiction
Australia
Judgment Date
24 March 2006
Procedural Posture
Industrial Dispute / Arbitration Decision
Outcome
Aerated Waters (State) Award applies
Legal Topics
Award Interpretation, Award Coverage, Industrial Dispute, Area and Incidence Clauses
Industrial Law Employment Law Award Interpretation Award Coverage Industrial Dispute Area and Incidence Clauses

Case Brief

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Parties

Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union

Notifier

Bevco Pty Ltd

Respondent

Procedural Posture

Industrial Dispute / Arbitration Decision

Legal Issues

  1. 1 Which award properly covers the production and stores employees of Bevco Pty Ltd at its Mudgee site: the Aerated Waters (State) Award or the Food Preservers (State) Award?
  2. 2 Proper interpretation of area and incidence clauses of relevant awards
  3. 3 Approach to award interpretation

Ratio Decidendi

The plain and ordinary meaning of the Aerated Waters (State) Award covers employment in the manufacture and/or distribution and bottling of fruit juices by beverage makers, and there is no impediment to Bevco Pty Ltd applying the Aerated Waters Award to its Mudgee operations. The Food Award does not more appropriately or exclusively apply in the circumstances, given the definitions and history of both awards.

Court Disposition

Aerated Waters (State) Award applies

Orders

  • Held - Aerated Waters (State) Award appropriate award to cover respondent's operations