DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Schweppes Australia Pty Ltd t/a Schweppes Australia
(AG2015/6263)

SCHWEPPES AUSTRALIA (MACGREGOR) MAINTENANCE EMPLOYEES ENTERPRISE AGREEMENT 2015

Manufacturing and associated industries
COMMISSIONER ROE	MELBOURNE, 2 DECEMBER 2015

Application for approval of the Schweppes Australia (Macgregor) Maintenance Employees Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Schweppes Australia (Macgregor) Maintenance Employees Enterprise Agreement 2015 (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 Schweppes Australia. The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[3] The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia and “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers these organisations.

[4] The Agreement was approved on 2 December 2015 and, in accordance with s.54, will operate from 9 December 2015. The nominal expiry date of the Agreement is 30 June 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The parties to this matter are Schweppes Australia Pty Ltd, trading as Schweppes Australia, and the National Union of Workers. The dispute arose from an application for the approval of the Schweppes Australia (Macgregor) Maintenance Employees Enterprise Agreement 2015. The matter was heard in the Fair Work Commission, an independent statutory tribunal established under the Fair Work Act 2009. The central issue before the Commission was whether the enterprise agreement met the requirements for approval under the Fair Work Act, specifically whether it contained all the minimum terms and conditions, was free from prohibited content, and whether it was made in good faith and in a manner that facilitated the most appropriate industrial relations outcomes.

In examining these issues, the Commission considered the submissions from both parties, the content of the enterprise agreement, and relevant precedents. The Commission found that the enterprise agreement contained all the minimum terms and conditions required by the Fair Work Act. It also found that the agreement did not contain any prohibited content, such as terms that would undermine the protections provided by the Act or those that would otherwise be contrary to public policy. Furthermore, the Commission was satisfied that the agreement was made in good faith and in a manner that facilitated the most appropriate industrial relations outcomes, taking into account the need for flexibility and efficiency in the workplace.

Based on these findings, the Commission approved the Schweppes Australia (Macgregor) Maintenance Employees Enterprise Agreement 2015. The decision was made in accordance with the principles set out in the Fair Work Act, and the agreement was registered with the Fair Work Commission. The final orders of the Commission included the approval and registration of the enterprise agreement, which now serves as the basis for the terms and conditions of employment for the maintenance employees at the Macgregor site.

Schweppes Australia Pty Ltd t/a Schweppes Australia

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established