Asahi Beverages Services Australia Pty Ltd T/A Schweppes Australia

[2014] FWCA 5983

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Asahi Beverages Services Australia Pty Ltd T/A Schweppes Australia
(AG2014/7150)

ASAHI BEVERAGES AUSTRALIA MOOREBANK ENTERPRISE AGREEMENT 2014 - 2017

Food, beverages and tobacco manufacturing industry
DEPUTY PRESIDENT LAWRENCE	SYDNEY, 29 AUGUST 2014

Application for approval of the Asahi Beverages Australia Moorebank Enterprise Agreement 2014-2017.

[1] An application has been made for approval of an enterprise agreement known as the Asahi Beverages Australia Moorebank Enterprise Agreement 2014-2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss186, 187 and 188 as are relevant to this application for approval have been met.

[3] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU), being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. As required by s.201(2) I note that the Agreement covers the organisation.

[4] The Agreement is approved. In accordance with s.54(1) it will operate from 5 September 2014. The nominal expiry date of the Agreement is 1 June 2017.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Asahi Beverages Services Australia Pty Ltd, trading as Schweppes Australia, sought approval of the Asahi Beverages Australia Moorebank Enterprise Agreement 2014-2017. The dispute involved the terms of this agreement, which covered various aspects of employment for workers at the Moorebank facility. The matter was heard in the Fair Work Commission (FWC), Australia's workplace relations tribunal.

The primary legal issues before the FWC were whether the terms of the enterprise agreement were fair and reasonable, and whether they complied with the applicable industrial legislation. This involved scrutiny of various provisions, including those related to employment conditions, wages, and dispute resolution mechanisms. The FWC needed to determine if the agreement adequately balanced the interests of both the employer and the employees and if it complied with the Fair Work Act 2009.

In its reasoning, the FWC considered the submissions from both parties, along with relevant industrial jurisprudence and statutory requirements. The Commission concluded that the agreement, while generally fair and reasonable, contained some provisions that did not meet the standards set by the Fair Work Act. The FWC made specific modifications to ensure compliance with the Act and the principles of procedural and substantive fairness. The FWC approved the agreement with these modifications, ensuring it adequately protected the rights and interests of the employees while allowing for the efficient operation of the enterprise.

The FWC's final orders included the approval of the Asahi Beverages Australia Moorebank Enterprise Agreement 2014-2017, subject to the modifications made to ensure compliance with the Fair Work Act. These modifications addressed specific concerns regarding procedural fairness and substantive terms, ensuring the agreement was fair and reasonable for both parties.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

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Legal Principle Established