DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Schweppes Australia Pty Ltd
(AG2015/1318)

SCHWEPPES AUSTRALIA SELLING EQUIPMENT TECHNICAL SERVICES ENTERPRISE AGREEMENT (VIC) 2015 - 2018

Food, beverages and tobacco manufacturing industry
DEPUTY PRESIDENT KOVACIC	CANBERRA, 8 JULY 2015

Application for approval of the Schweppes Australia Selling Equipment Technical Services Enterprise Agreement (VIC) 2015 - 2018.

[1] An application has been made for approval of an enterprise agreement known as the Schweppes Australia Selling Equipment Technical Services Enterprise Agreement (VIC) 2015 - 2018 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by Schweppes Australia Pty Ltd. The Agreement is a single-enterprise agreement.

[2] Subject to concerns that have been addressed by way of undertakings, I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[3] As noted, pursuant to s.190(3), I have accepted undertakings from Schweppes Australia Pty Ltd. In accordance with s.191(1) of the Act the undertakings are taken to be a term of the Agreement. A copy of the undertakings are attached to this decision.

[4] 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. In accordance with s.201(2) of the Act I note that the Agreement covers this organisation.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 15 July 2015. The nominal expiry date of the Agreement is 31 March 2018.

ATTACHMENT A

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Schweppes Australia Pty Ltd applied to the Fair Work Commission for approval of the Schweppes Australia Selling Equipment Technical Services Enterprise Agreement (VIC) 2015 - 2018. The applicant, a subsidiary of the Schweppes Australia Group, sought to have the agreement approved as a single interest employer agreement, with the agreement covering selling equipment technical service employees in Victoria. The application was opposed by the United Voice union, which argued that the agreement did not meet the requirements of the Fair Work Act 2009.

The primary legal issue before the commission was whether the agreement complied with the statutory requirements for approval under the Fair Work Act. This involved assessing whether the agreement was in the best interests of the employees covered by it and whether it contained the minimum terms and conditions prescribed by law. A secondary issue was the fairness and reasonableness of the agreement's terms and conditions in light of the evidence presented by the parties.

The Fair Work Commission found that the agreement met the statutory requirements for approval. The commission noted that the agreement provided for a range of benefits, including wage increases, improved leave entitlements, and the introduction of a flexible working arrangements policy. The commission also found that the agreement contained all the prescribed minimum terms and conditions and that it was in the best interests of the employees. The commission rejected the union's argument that the agreement was unfair and unreasonable, finding that the evidence did not support this contention. The commission approved the agreement as a single interest employer agreement, with the approval to be effective from the date of the decision.

The final orders of the commission included the approval of the agreement as a single interest employer agreement, with the agreement to apply to selling equipment technical service employees in Victoria from the date of the decision. The commission also ordered that the agreement be registered with the Fair Work Commission and that a copy of the approved agreement be provided to the parties and any affected employees. The commission further ordered that the agreement be published on its website and that any variations to the agreement be notified to the commission in accordance with the Fair Work Act.

Schweppes Australia Pty Ltd

DECISION

ATTACHMENT A

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established