Schweppes Australia Pty Ltd

[2013] FWCA 8278

FAIR WORK COMMISSION

DECISION

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

Schweppes Australia Pty Ltd
(AG2013/9788)

SCHWEPPES AUSTRALIA HUNTINGWOOD (NSW) ENTERPRISE AGREEMENT 2013 - 2016

Food, beverages and tobacco manufacturing industry
DEPUTY PRESIDENT LAWRENCE	SYDNEY, 23 OCTOBER 2013

Application for approval of the Schweppes Australia Huntingwood (NSW) Enterprise Agreement 2013 - 2016.

[1] An application has been made for approval of an enterprise agreement known as the Schweppes Australia Huntingwood (NSW) Enterprise Agreement 2013 - 2016 (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] 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. 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 30 October 2013. The nominal expiry date of the Agreement is 1 November 2016.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Schweppes Australia Pty Ltd applied to the Fair Work Commission for approval of the Schweppes Australia Huntingwood (NSW) Enterprise Agreement 2013 - 2016. The applicant, a manufacturer of soft drinks, sought to have the agreement approved by the Fair Work Commission under section 231 of the Fair Work Act 2009. The dispute arose from disagreements between the employer and the employees regarding the terms and conditions of employment.

The key legal issues the Fair Work Commission had to determine were whether the agreement provided for the employees' terms and conditions of employment in a fair and reasonable manner, and whether it met the "better off overall test" as required by section 233 of the Fair Work Act. The Commission also needed to assess if the agreement was free from any improper provisions, such as those that might undermine the operation of the Fair Work Act or the collective bargaining process.

The Fair Work Commission held that the agreement provided for the employees' terms and conditions in a fair and reasonable manner. The Commission found that the agreement met the better off overall test as it included wage increases and other benefits that outweighed any potential disadvantages. The Commission also determined that the agreement did not contain any improper provisions and was consistent with the principles of the Fair Work Act. Consequently, the Fair Work Commission approved the agreement, and it became a legally binding enterprise agreement between Schweppes Australia Pty Ltd and its employees.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established