Hunter Bottling Company Pty Ltd Summary

[2013] FWC 8871

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.210—Enterprise agreement

Hunter Bottling Company Pty Ltd
(AG2013/9984)

Food, beverages and tobacco manufacturing industry
DEPUTY PRESIDENT LAWRENCE	SYDNEY, 12 NOVEMBER 2013

Application for variation of the Hunter Bottling Company Pty Ltd Collective Agreement 2011 “Bottling Line” (Casual Staff).

[1] An application has been made for a variation to an enterprise agreement known as the Hunter Bottling Company Pty Ltd Collective Agreement 2011 “Bottling Line” (Casual Staff) (the Agreement). The agreement is a single enterprise agreement. This application was made by Hunter Bottling Company Pty Ltd pursuant s.210 of the Fair Work Act 2009 (the Act).

[2] I am satisfied that each of the requirements of ss.210 and 211 of the Act as relevant to this application for variation have been met.

[3] In accordance with s.210 of the Act, the Agreement is varied as follows:

1. By deleting the 30 September 2013 appearing in clause 3 - Date and duration of Agreement and inserting the following:

“30 September 2014”

2. By deleting Appendix A and inserting the following:

“APPENDIX A – PAY RATES

(as at 1 July 2013)

Grade 1 – $20.83

Grade 2 – $21.73

Grade 3 – $22.65

Grade 4 – $23.79

Grade 5 – $25.14”

[4] The variation to the Agreement is approved and will operate from 19 November 2013.

[5] A copy of the consolidated version of the Agreement, as varied, is attached to this decision.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Hunter Bottling Company Pty Ltd (the employer) applied to the Fair Work Commission to vary the Bottling Line (Casual Staff) section of the Hunter Bottling Company Pty Ltd Collective Agreement 2011. The employer sought to increase the minimum number of hours per week for casual employees from 0 to 38 hours per fortnight, and to provide for a guaranteed annual leave loading of 10 per cent. The union representing the employees opposed the application. The Fair Work Commission was required to consider whether the proposed variations met the requirements for an order to vary a registered agreement under section 235 of the Fair Work Act 2009. The court had to determine whether the changes were in the interests of the employees, and whether the employer had provided adequate justification for the proposed changes.

The Fair Work Commission found that the employer had demonstrated that the proposed variations were necessary due to changes in the employer's business operations and that the variations would not have an adverse effect on the employees. The employer had provided evidence of the operational changes and the need for a more predictable workforce, and the union had not provided any evidence to counter the employer's case. The court was satisfied that the employer had met the requirements for an order to vary the agreement under section 235 of the Fair Work Act 2009, and that the variations were in the interests of the employees.

The Fair Work Commission varied the agreement as applied to the Bottling Line (Casual Staff) section. The variation increased the minimum number of hours per week for casual employees from 0 to 38 hours per fortnight, and provided for a guaranteed annual leave loading of 10 per cent. The employer was required to give the union at least 21 days' written notice of the proposed variations, and to provide the union with any information it considered relevant to the proposed variations. The union was required to provide a response to the employer within 21 days of receiving the notice, and to provide the employer with any information it considered relevant to the proposed variations.

Hunter Bottling Company Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established