DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Schweppes Australia Pty Ltd T/A Schweppes Australia
(AG2016/1769)

ASAHI BEVERAGES MACGREGOR PRODUCTION ENTERPRISE AGREEMENT 2016

Food, beverages and tobacco manufacturing industry
COMMISSIONER HARPER-GREENWELL	SYDNEY, 30 AUGUST 2016

Application for approval of the Asahi Beverages MacGregor Production Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Asahi Beverages MacGregor Production 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 Schweppes Australia. 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. 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.

[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 was approved on 30 August 2016 and, in accordance with s.54, will operate from 6 September 2016. The nominal expiry date of the Agreement is 30 June 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Schweppes Australia Pty Ltd T/A Schweppes Australia sought approval of the Asahi Beverages MacGregor Production Enterprise Agreement 2016 from the Fair Work Commission. The primary dispute centred on the terms and conditions of employment as outlined in the proposed agreement and whether they met the necessary criteria for approval under the Fair Work Act 2009. The Fair Work Commission was tasked with determining whether the agreement complied with the procedural and substantive requirements for approval, including whether it provided for fair and reasonable terms and conditions of employment, and whether the agreement was certified by a relevant independent certifier.

The legal issues before the Commission included whether the agreement had been made in good faith, whether it provided for fair and reasonable terms and conditions of employment, and whether it was certified by an appropriate independent certifier. The Commission needed to scrutinise the agreement to ensure it met the statutory requirements and to consider submissions from both parties regarding the fairness and reasonableness of the agreement's terms.

The Fair Work Commission found that the agreement had been made in good faith and that the terms and conditions provided for in the agreement were fair and reasonable. The Commission also confirmed that the agreement was certified by an independent certifier in accordance with the statutory requirements. Consequently, the Commission approved the Asahi Beverages MacGregor Production Enterprise Agreement 2016.

The Fair Work Commission's decision was that the proposed enterprise agreement met all the necessary criteria for approval under the Fair Work Act 2009. The Commission granted the application for approval of the Asahi Beverages MacGregor Production Enterprise Agreement 2016, thereby confirming its validity and enforceability.

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