DECISION

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

Schweppes Australia Pty Ltd
(AG2014/8361)

SCHWEPPES AUSTRALIA IPSWICH ENTERPRISE AGREEMENT 2014-2017

Food, beverages and tobacco manufacturing industry
DEPUTY PRESIDENT LAWRENCE	SYDNEY, 12 DECEMBER 2014

Application for approval of the Schweppes Australia Ipswich Enterprise Agreement 2014-2017.

[1] An application has been made for approval of an enterprise agreement known as the Schweppes Australia Ipswich Enterprise Agreement 2014-2017 (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 19 December 2014. The nominal expiry date of the Agreement is 4 July 2017.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved Schweppes Australia Pty Ltd, and the matter before the Fair Work Commission was an application for the approval of the Schweppes Australia Ipswich Enterprise Agreement 2014-2017. The legal issues that the Commission had to address included whether the agreement complied with the Fair Work Act 2009, particularly in terms of minimum entitlements, and whether the bargaining process was genuinely bargained and made in good faith. The Commission also considered whether the agreement met the requirements for the registration of a new enterprise agreement, including the need for a majority of employees to vote in favour of the agreement.

The Fair Work Commission examined the evidence presented by both parties and the provisions of the proposed agreement. The Commission determined that the agreement did comply with the statutory minimum entitlements as it provided for a rate of pay and conditions of employment that were not less favourable than the applicable awards. Furthermore, the Commission found that the bargaining process was genuine and had been conducted in good faith. The agreement was supported by a majority of employees, and therefore met the criteria for registration as a new enterprise agreement. Consequently, the Commission approved the agreement, which will now govern the terms and conditions of employment for the employees covered by the agreement for the period of 2014-2017.

In summary, the Fair Work Commission approved the Schweppes Australia Ipswich Enterprise Agreement 2014-2017, finding that it complied with the statutory minimum entitlements, was genuinely bargained, and was made in good faith. The agreement was supported by a majority of employees and met the criteria for registration as a new enterprise agreement. The Commission's decision allows the agreement to govern the terms and conditions of employment for the employees covered by the agreement for the specified period.

Schweppes Australia Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established