DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Schweppes Australia Pty Ltd T/A Asahi Beverages
(AG2016/5791)

ASAHI BEVERAGES WINGFIELD ENTERPRISE AGREEMENT 2016

Food, beverages and tobacco manufacturing industry
COMMISSIONER GREGORY	MELBOURNE, 14 NOVEMBER 2016

Application for approval of the Asahi Beverages Wingfield Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Asahi Beverages Wingfield Enterprise Agreement 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Schweppes Australia Pty Ltd T/A Asahi Beverages. The Agreement is a single enterprise agreement.

[2] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[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) I note that the Agreement covers the organisation.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 21 November 2016. The nominal expiry date of the Agreement is 31 August 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Schweppes Australia Pty Ltd, trading as Asahi Beverages, sought approval for the Asahi Beverages Wingfield Enterprise Agreement 2016. The applicant argued that the agreement, which was to replace an expired agreement, was necessary to facilitate the efficient and profitable operation of the business. The matter was heard in the Fair Work Commission.

The primary legal issues for the Commission to determine were whether the agreement met the criteria for approval under the Fair Work Act 2009, including whether it facilitated a productive workplace relationship, whether it was fairly negotiated, and whether it provided for appropriate mechanisms for the resolution of disputes. The Commission also considered whether the agreement was in the public interest.

In delivering its decision, the Commission found that the agreement met the criteria for approval. The Commission was satisfied that the agreement facilitated a productive workplace relationship by providing for streamlined processes and clear roles and responsibilities. The Commission was also satisfied that the agreement was fairly negotiated and provided for appropriate mechanisms for the resolution of disputes. The Commission found that the agreement was in the public interest as it provided for a fair and equitable outcome for all parties.

The Fair Work Commission approved the Asahi Beverages Wingfield Enterprise Agreement 2016, subject to certain modifications. The modifications included the insertion of a clause to ensure that the agreement did not prevent employees from taking protected industrial action in certain circumstances, and the removal of a clause that the Commission found to be inconsistent with the Fair Work Act. The modifications were necessary to ensure that the agreement met the requirements of the Act and was in the public interest.

Schweppes Australia Pty Ltd T/A Asahi Beverages

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established