Schweppes Australia Pty Ltd

[2014] FWCA 8559

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Schweppes Australia Pty Ltd
(AG2014/8057)

SCHWEPPES AUSTRALIA TULLAMARINE (VIC) PRODUCTION AND DISTRIBUTION EMPLOYEES ENTERPRISE AGREEMENT 2014

Food, beverages and tobacco manufacturing industry
DEPUTY PRESIDENT KOVACIC	MELBOURNE, 28 NOVEMBER 2014

Application for approval of the Schweppes Australia Tullamarine (VIC) Production and Distribution Employees Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Schweppes Australia Tullamarine (VIC) Production and Distribution Employees Enterprise Agreement 2014 (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] 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. 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 5 December 2014. The nominal expiry date of the Agreement is 16 October 2018.

ATTACHMENT A

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 Tullamarine (VIC) Production and Distribution Employees Enterprise Agreement 2014. The agreement in question was intended to cover employees working at Schweppes' Tullamarine production and distribution facility in Victoria. The Fair Work Commission was tasked with determining whether the agreement met the necessary standards and requirements for approval under the Fair Work Act 2009.

The primary legal issues before the Commission involved whether the agreement provided for fair and reasonable terms and conditions of employment, including rates of pay, classification of employees, and other workplace matters. The Commission also needed to assess if the agreement adhered to the procedural fairness requirements, such as ensuring proper consultation and negotiation processes were followed. Furthermore, the Commission had to determine if the agreement complied with the applicable provisions of the Fair Work Act, including the "better off overall test" which ensures that employees are not worse off financially under the new agreement.

In reaching its decision, the Commission examined the evidence and submissions from both parties. It found that the agreement provided for fair and reasonable terms and conditions of employment, ensuring employees were not disadvantaged financially. The Commission also concluded that the agreement met the procedural fairness requirements, as the negotiation and consultation processes were appropriately followed. Consequently, the Fair Work Commission approved the Schweppes Australia Tullamarine (VIC) Production and Distribution Employees Enterprise Agreement 2014, finding it to be compliant with the Fair Work Act and meeting the necessary standards for approval.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established