Schweppes Australia Pty Ltd Summary

[2013] FWCA 8194

FAIR WORK COMMISSION

DECISION

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

Schweppes Australia Pty Ltd
(AG2013/9581)

SCHWEPPES AUSTRALIA SELLING EQUIPMENT TECHNICAL SERVICES ENTERPRISE AGREEMENT (NSW) 2013 - 2016

Manufacturing and associated industries
DEPUTY PRESIDENT LAWRENCE	SYDNEY, 21 OCTOBER 2013

Application for approval of the Schweppes Australia Selling Equipment Technical Services Enterprise Agreement (NSW) 2013 - 2016.

[1] An application has been made for approval of an enterprise agreement known as the Schweppes Australia Selling Equipment Technical Services Enterprise Agreement (NSW) 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] 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 28 October 2013. The nominal expiry date of the Agreement is30 September 2016.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Schweppes Australia Pty Ltd recently faced a legal challenge regarding the approval of their Selling Equipment Technical Services Enterprise Agreement (NSW) 2013 - 2016. The Fair Work Commission was asked to determine whether the agreement met the necessary legal standards and could be approved. The applicant, Schweppes Australia, sought the Commission's approval of the agreement, while no other parties were formally involved in the proceedings.

The central legal issue before the Commission was whether the agreement complied with the requirements of the Fair Work Act 2009. Specifically, the Commission needed to assess if the agreement provided for fair and equitable terms and conditions of employment, and whether it had been genuinely agreed upon by the parties involved. This involved examining the provisions of the agreement and determining if they met the legal criteria for approval.

In delivering its decision, the Commission meticulously reviewed the provisions of the agreement. The Commission found that the agreement contained terms and conditions that were fair and reasonable. Additionally, the Commission was satisfied that the agreement had been genuinely negotiated and agreed upon by the parties. Consequently, the Commission approved the Schweppes Australia Selling Equipment Technical Services Enterprise Agreement (NSW) 2013 - 2016, finding it to be compliant with the relevant legal standards.

The Fair Work Commission ordered the approval of the Schweppes Australia Selling Equipment Technical Services Enterprise Agreement (NSW) 2013 - 2016. This decision provided clarity and legal certainty for the parties involved, ensuring that the agreement could be implemented as intended.

Schweppes Australia Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established