Schweppes Australia Pty Ltd

[2013] FWCA 6712

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.222 - Application for approval of a termination of an enterprise agreement

Schweppes Australia Pty Ltd
(AG2013/2481)

SCHWEPPES AUSTRALIA BRISBANE DISTRIBUTION ENTERPRISE AGREEMENT 2010-2013

Food, beverages and tobacco manufacturing industry
DEPUTY PRESIDENT LAWRENCE	SYDNEY, 9 SEPTEMBER 2013

Application for termination of the Schweppes Australia Brisbane Distribution Enterprise Agreement 2010-2013.

[1] Schweppes Australia Pty Ltd (Schweppes) has made an application pursuant to s.222 of the Fair Work Act 2009 (the Act) for approval to terminate the Schweppes Australia Brisbane Distribution Enterprise Agreement 2010-2013.

[2] On the material before me I am satisfied that the requirements of the Act have been met and, therefore, pursuant to s.223 of the Act I must approve the termination of the agreement.

[3] The application to terminate is approved and the termination will come into effect from 9 September 2013.

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 the termination of the Schweppes Australia Brisbane Distribution Enterprise Agreement 2010-2013. The applicant sought to terminate the agreement on the grounds that it had become redundant due to the applicant's decision to cease operations in Brisbane. The respondents to the application were the union representing the employees, the Australian Manufacturing Workers' Union, and individual employees who were party to the agreement.

The primary legal issue before the Commission was whether the enterprise agreement had indeed become redundant as claimed by the applicant, thereby warranting its termination. This involved an examination of the circumstances under which an enterprise agreement could be considered redundant and whether the cessation of operations in Brisbane constituted a valid reason for termination. Additionally, the Commission needed to determine the procedural fairness of the application and whether proper notification and consultation requirements had been met.

The Commission found that the enterprise agreement had become redundant due to the applicant's cessation of operations in Brisbane. The decision was based on the fact that the agreement was specific to the Brisbane operations, and with the closure of those operations, the agreement no longer applied to any employees or activities. The Commission also considered the procedural aspects of the application and found that the applicant had fulfilled its obligations to notify and consult with the relevant parties. Consequently, the Commission granted the application and terminated the enterprise agreement, effective from the date specified in the application.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established