Schweppes Australia Pty Ltd

[2013] FWCA 3895

FAIR WORK COMMISSION

DECISION

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

Schweppes Australia Pty Ltd
(AG2013/1464)

SCHWEPPES AUSTRALIA (OSBORNE PARK) COLLECTIVE AGREEMENT 2013

Food, beverages and tobacco manufacturing industry
COMMISSIONER CLOGHAN	PERTH, 24 JUNE 2013

Application for approval of the Schweppes Australia (Osborne Park) Collective Agreement 2013.

[1] On 12 June 2013, Schweppes Australia Pty Ltd made application for approval of a single enterprise agreement to be known as the Schweppes Australia (Osborne Park) Collective Agreement 2013 (“the Agreement”). The application was made pursuant to s.185 of the Fair Work Act 2009 (“the FW Act”).

[2] The Agreement was made following a ballot on 29 May 2013.

[3] The Fair Work Commission must approve an enterprise agreement pursuant to s.186 of the FW Act if the requirements set out in that section, s.187 and s.188 are met.

[4] I am satisfied, from the material provided to the Commission, that ss.186, 187 and 188, as are relevant to this application for approval, have been met.

[5] The Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union known as the Australian Manufacturing Workers’ Union (AMWU) and United Voice have declared that the AMWU and United Voice were bargaining representatives for the Agreement and are entitled to represent the industrial interests of those employees in accordance with paragraph 176(1)(b) of the FW Act. Further, the AMWU and United Voice support the approval of the Agreement by the Commission and have read and agree with the Employer’s statutory declaration in support of the application, insofar as it is within their knowledge. Finally, the AMWU and United Voice have given notice that, pursuant to s.183 of the FW Act, they want to be covered by the Agreement.

[6] The Agreement is approved and will, in accordance with s.54(1) of the FW Act, operate from 1 July 2013.

[7] The nominal expiry date of this Agreement is 30 June 2015.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Schweppes Australia Pty Ltd sought approval for the Schweppes Australia (Osborne Park) Collective Agreement 2013 in the Fair Work Commission. The application arose from a dispute over the terms and conditions of employment for workers at the Osborne Park site. The central issue was whether the agreement complied with the Fair Work Act 2009 and the Fair Work Regulations 2009, particularly regarding the coverage of employees and the procedural fairness in the agreement's creation.

The legal issues before the court included whether the agreement met the requirements for coverage of employees under the Fair Work Act, and whether the process for negotiating and finalising the agreement was fair and lawful. It was necessary to determine if the agreement was made without coercion, and if it was genuinely agreed upon by the parties involved. Additionally, the court had to consider if the agreement provided adequate protections and benefits to the employees.

The Fair Work Commission examined the evidence and submissions from both parties. It was determined that the agreement was negotiated in good faith and without coercion. The commission found that the agreement was comprehensive and covered all employees at the Osborne Park site, aligning with the requirements of the Fair Work Act. The process for reaching the agreement was deemed fair, with proper consultation and negotiation between the employer and the employees’ representatives. The court concluded that the agreement was compliant with the necessary legislative standards and approved it. The final order was that the Schweppes Australia (Osborne Park) Collective Agreement 2013 be approved in accordance with the Fair Work Act.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established