DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Suntory Coffee Australia Limited T/A Suntory Coffee Australia
(AG2018/2363)

MOCOPAN COFFEE ENTERPRISE AGREEMENT 2018

Food, beverages and tobacco manufacturing industry
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 12 OCTOBER 2018

Application for approval of the Mocopan Coffee Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Mocopan Coffee Enterprise Agreement 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Suntory Coffee Australia Limited T/A Suntory Coffee Australia. The Agreement is a single enterprise agreement.

[2] The Employer 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] The National Union of Workers 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 12 October 2018 and, in accordance with s.54, will operate from 19 October 2018. The nominal expiry date of the Agreement is 12 October 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Suntory Coffee Australia Limited, trading as Suntory Coffee Australia, applied for the approval of the Mocopan Coffee Enterprise Agreement 2018. The application was heard in the Fair Work Commission, where the company sought to formalise the terms and conditions of employment for its employees covered by the agreement. The dispute primarily revolved around whether the agreement complied with the relevant provisions of the Fair Work Act 2009 and the Fair Work Regulations 2009, particularly concerning the procedural fairness and proper consultation with the employees.

The legal issues before the court included whether the agreement was made in accordance with the statutory requirements, including whether the requisite consultation with the employees was conducted properly and whether the agreement adequately covered all mandated topics. The Fair Work Commission had to determine if the agreement was appropriately negotiated and whether it met the standards for approval under the Act. Additionally, the court examined whether any procedural errors or breaches of fairness occurred during the process of developing the agreement.

In its decision, the Fair Work Commission considered the evidence presented by both parties, including the documentation of the consultation process and the negotiation records. The Commission found that the agreement was made in good faith and that the necessary consultation processes were followed, although it identified some minor procedural lapses. Despite these minor issues, the Commission concluded that the overall process was fair and that the agreement met the statutory requirements for approval. The court took into account the positive aspects of the agreement, such as its comprehensive coverage of employee terms and conditions, and determined that these outweighed the procedural shortcomings. Consequently, the Commission approved the agreement, finding it to be in the best interests of the employees and compliant with the Fair Work Act.

Suntory Coffee Australia Limited T/A Suntory Coffee Australia

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established