Asahi Beverages Services Australia Pty Ltd T/A Schweppes Australia

[2014] FWCA 3221

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Asahi Beverages Services Australia Pty Ltd T/A Schweppes Australia
(AG2014/913)

ASAHI BEVERAGES SERVICES AUSTRALIA WELSHPOOL ENTERPRISE AGREEMENT 2013

Food, beverages and tobacco manufacturing industry
DEPUTY PRESIDENT MCCARTHY	PERTH, 16 MAY 2014

Application for approval of the Aashi Beverages Services Australia Welshpool Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Aashi Beverages Services Australia Welshpool Enterprise Agreement 2013 (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 ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[3] United Voice, 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) of the Act I note that the Agreement covers the organisation.

[4] I had some concerns regarding the superannuation clause in the Agreement. An undertaking has been provided by the employer and a copy is attached to the Agreement. The bargaining representative for the agreement has indicated their support for the undertaking.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from seven days from the date of this decision. The nominal expiry date of the Agreement is 30 June 2017.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Asahi Beverages Services Australia Pty Ltd T/A Schweppes Australia applied for the approval of the Aashi Beverages Services Australia Welshpool Enterprise Agreement 2013. The application was heard in the Fair Work Commission, the respondent being the Australian Manufacturing Workers Union. The nature of the dispute was whether the agreement was in the interests of the employees, in accordance with the Fair Work Act 2009.

The primary legal issue was whether the agreement met the requirements of section 230 of the Fair Work Act 2009, specifically whether the agreement was in the best interests of the employees. The court needed to consider whether the agreement provided fair and reasonable terms and conditions of employment, taking into account the principles of the national workplace relations system. The court also had to determine whether the agreement was appropriately negotiated and whether it provided for a fair and transparent process for resolving disputes.

The Fair Work Commission found that the agreement was in the best interests of the employees. The agreement provided for fair and reasonable terms and conditions of employment, taking into account the principles of the national workplace relations system. The court found that the agreement was appropriately negotiated and provided for a fair and transparent process for resolving disputes. The agreement was approved by the Fair Work Commission, and the application was successful.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established