Schweppes Australia Pty Ltd

[2013] FWCA 6710

FAIR WORK COMMISSION

DECISION

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

Schweppes Australia Pty Ltd
(AG2013/2479)

SCHWEPPES AUSTRALIA ARCHERFIELD DISTRIBUTION ENTERPRISE AGREEMENT 2013

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

Application for approval of the Schweppes Australia Archerfield Distribution Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Schweppes Australia Archerfield Distribution Enterprise Agreement 2013 (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 16 September 2013. The nominal expiry date of the Agreement is15 August 2016.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, Schweppes Australia Pty Ltd sought approval for the Schweppes Australia Archerfield Distribution Enterprise Agreement 2013. The applicant argued that the agreement was necessary to address the changing nature of the workplace, improve productivity, and provide flexibility for both the company and its employees. The dispute centred on whether the agreement complied with the relevant statutory provisions and whether it was in the best interests of the employees.

The court was required to determine if the agreement met the statutory criteria for approval under the Fair Work Act 2009. This included assessing whether the agreement was in the best interests of the employees, whether it provided for a fair and efficient workplace, and whether it complied with any relevant award or registered agreement. Additionally, the court had to consider whether the agreement provided adequate protections for employees, including those in casual roles.

After careful consideration of the evidence and submissions from both parties, the Fair Work Commission determined that the agreement was in the best interests of the employees and met the statutory requirements. The court found that the agreement provided for a fair and efficient workplace, with appropriate protections for employees, including casuals. Furthermore, the agreement was considered to be a genuine enterprise agreement, negotiated in good faith, and not containing any terms that were contrary to public policy. The application was therefore approved.

The Fair Work Commission approved the Schweppes Australia Archerfield Distribution Enterprise Agreement 2013, effective from the date of the decision. The agreement was to be registered and would apply to the relevant employees until superseded by a new agreement or terminated in accordance with the Fair Work Act 2009. The decision was made in the interest of maintaining a fair and efficient workplace, with appropriate protections for all employees involved.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established