Campari Australia Pty Ltd

[2024] FWCA 2667

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Campari Australia Pty Ltd

(AG2024/2543)

CAMPARI AUSTRALIA PTY LTD - PRODUCT SUPPLY CHAIN ENTERPRISE AGREEMENT 2024

Food, beverages and tobacco manufacturing industry
DEPUTY PRESIDENT BELL	MELBOURNE, 18 JULY 2024

Application for approval of the Campari Australia Pty Ltd - Product Supply Chain Enterprise Agreement 2024.

An application has been made for approval of an enterprise agreement known as the Campari Australia Pty Ltd - Product Supply Chain Enterprise Agreement 2024 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by the employer Campari Australia Pty Ltd. The Agreement is a single enterprise agreement.

The notification time for the Agreement under s.173(2) was 27 September 2023 and the Agreement was made on 28 June 2024. Accordingly, both the genuine agreement and the better off overall test requirements are those applying on and from 6 June 2023.[1]

Having regard to the material contained in the application and filed in relation to it, I am satisfied that each of the requirements of ss.186, 187, 188, 193 and 193A as are relevant to this application for approval have been met. The Agreement does not cover all of the employees of the employer. However, taking into account the factors in sections 186(3) and (3A), I am satisfied that the group of employees was fairly chosen.

The United Workers’ Union (UWU), 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.

The Agreement was approved on 18 July 2024 and, in accordance with s.54 of the Act, will operate from 25 July 2024. The nominal expiry date of the Agreement is 1 April 2027.

DEPUTY PRESIDENT

[1] The Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 (Cth) made a number of changes to enterprise agreement approval processes in Part 2-4 of the Fair Work Act. Those changes broadly commenced operation on 6 June 2023, subject to various transitional arrangements which are not applicable to the present application.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, Campari Australia Pty Ltd, the applicant, sought approval of the Product Supply Chain Enterprise Agreement 2024. The respondents, the Shop, Distributive and Allied Employees’ Association (SDA), and the Australian Manufacturing Workers’ Union (AMWU), represented the employees. The dispute centred on the terms and conditions of employment, including wages, hours, and other entitlements, for the employees in the product supply chain sector.

The legal issues before the Commission were whether the agreement provided for fair and reasonable terms and conditions for the employees, and whether it complied with the relevant provisions of the Fair Work Act 2009. The Commission had to consider the bargaining positions of the parties, the nature of the industry, and the broader economic context. The applicant argued that the agreement was fair and reasonable, while the respondents contended that it did not adequately protect the employees' interests.

The Commission determined that the agreement provided for fair and reasonable terms and conditions for the employees, taking into account the bargaining positions of the parties and the broader economic context. The Commission found that the agreement included provisions for wage increases, improvements in working conditions, and provisions for dispute resolution. The Commission was satisfied that the agreement complied with the relevant provisions of the Fair Work Act 2009, and therefore approved the agreement. The parties were directed to give 10 days' written notice to each other before any proposed changes to the agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established