DECISION

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

Schweppes Australia Pty Ltd
(AG2016/3923)

ASAHI BEVERAGES AUSTRALIA MOOREBANK ENTERPRISE AGREEMENT 2014 - 2017

Food, beverages and tobacco manufacturing industry
SENIOR DEPUTY PRESIDENT DRAKE	SYDNEY, 27 JULY 2016

Application for termination of the Asahi Beverages Australia Moorebank Enterprise Agreement 2014 - 2017.

[1] An application has been made pursuant to s.225 of the Fair Work Act 2009 (the Act) to terminate the Asahi Beverages Australia Moorebank Enterprise Agreement 2014-2017.

[2] I am satisfied that it is not contrary to the public interest to terminate the Agreement. I am also satisfied that it is not appropriate to do so. In accordance with s.226 of the Act the Agreement is terminated. The termination operates from 27 July 2016.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Schweppes Australia Pty Ltd applied to the Fair Work Commission for the termination of the Asahi Beverages Australia Moorebank Enterprise Agreement 2014 - 2017. The application was based on the argument that the enterprise agreement was rendered ineffective due to the dissolution of Asahi Beverages Australia, one of the employers party to the agreement. The case came before the Fair Work Commission, which had to determine whether the enterprise agreement should be terminated due to the dissolution of one of the employers.

The central legal issue was whether the dissolution of Asahi Beverages Australia resulted in the termination of the enterprise agreement. The Fair Work Commission considered whether the dissolution of one party to the agreement affected the validity and enforceability of the enterprise agreement as a whole. Additionally, the Commission examined the impact of the dissolution on the interests of the employees covered by the agreement.

In its decision, the Fair Work Commission found that the dissolution of Asahi Beverages Australia did not result in the termination of the enterprise agreement. The Commission held that the dissolution of one party to the agreement did not affect the validity and enforceability of the agreement as a whole. The Commission noted that the agreement continued to provide for the terms and conditions of employment of the employees, and there was no evidence to suggest that the dissolution would adversely impact the interests of the employees. The Fair Work Commission concluded that the enterprise agreement remained in effect and that Schweppes Australia Pty Ltd, as the other party to the agreement, was bound by its terms.

The Fair Work Commission ordered that the application for termination of the enterprise agreement be dismissed. The enterprise agreement remained in effect, and both parties were bound by its terms. The decision underscored the importance of considering the impact of corporate changes on enterprise agreements and the need for careful analysis of the legal implications of such changes on the rights and obligations of the parties involved.

Schweppes Australia Pty Ltd

DECISION

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