DECISION

Fair Work Act 2009
s.185—Enterprise agreement

100% Bottling Company Pty Ltd T/A 100% Bottling Company
(AG2018/390)

100% BOTTLING COMPANY ENTERPRISE AGREEMENT 2018

Manufacturing and associated industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 13 JUNE 2018

Application for approval of the 100% Bottling Company Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the 100% Bottling Company Enterprise Agreement 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by 100% Bottling Company Pty Ltd T/A 100% Bottling Company. The Agreement is a single enterprise agreement.

[2] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. 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] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] The Australian Workers’ Union being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.
[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 20 June 2018. The nominal expiry date of the Agreement is 20 June 2019.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, 100% Bottling Company Pty Ltd, trading as 100% Bottling Company, sought approval for an enterprise agreement with its employees, known as the 100% Bottling Company Enterprise Agreement 2018. The application for approval came before the Commission, which needed to determine whether the agreement met the requirements of the Fair Work Act 2009. Specifically, the Commission was tasked with ensuring that the agreement was made in good faith and provided for the proper operation of the business.

The legal issues before the Commission involved verifying that the agreement was free from any unfair content and that it was made in good faith. The Commission also needed to assess whether the agreement provided for the proper operation of the business, including whether it met the "better off overall test" under the Fair Work Act. This test requires that the terms of the agreement should not be less favourable to the employees than the applicable award or the general industrial awards, and that the agreement should offer some benefit to the employees.

The Commission found that the agreement met the requirements of the Fair Work Act. It determined that the agreement was made in good faith and did not contain any unfair content. The Commission also found that the agreement provided for the proper operation of the business and met the better off overall test. The Commission approved the agreement, noting that it provided for a number of benefits to the employees, including increased pay rates and improved working conditions.

The Commission's decision was that the 100% Bottling Company Enterprise Agreement 2018 was approved, and it was to be registered with the Fair Work Commission. The approval was based on the finding that the agreement met the requirements of the Fair Work Act and provided for the proper operation of the business. The decision was made in the interest of promoting good faith bargaining and ensuring that employees were not disadvantaged by the terms of the agreement.

100% Bottling Company Pty Ltd T/A 100% Bottling Company

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established