DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Asahi Beverages Australia Pty Ltd T/A Asahi Beverages
(AG2017/5653)

ASAHI BEVERAGES WELSHPOOL ENTERPRISE AGREEMENT 2017

Food, beverages and tobacco manufacturing industry
COMMISSIONER SAUNDERS	NEWCASTLE, 13 DECEMBER 2017

Application for approval of the Asahi Beverages Welshpool Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Asahi Beverages Welshpool Enterprise Agreement 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Asahi Beverages Australia Pty Ltd T/A Asahi Beverages. The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings (the Undertakings). A copy of the Undertakings is attached in Annexure A to this decision. I am satisfied that the effect of accepting the Undertakings is not likely to:

(a) cause financial detriment to any employee covered by the Agreement; or

(b) result in substantial changes to the Agreement.

[3] The views of each person who the Fair Work Commission knows is a bargaining representative for the Agreement have been sought in relation to the Undertakings.

[4] Pursuant to subsection 190(3) of the Act, I accept the Undertakings.

[5] Subject to the Undertakings, 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.

[6] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[7] The United Voice and “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) being a 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.

[8] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 20 December 2017. The nominal expiry date of the Agreement is 30 June 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Asahi Beverages Australia Pty Ltd, trading as Asahi Beverages, applied to the Fair Work Commission for the approval of the Asahi Beverages Welshpool Enterprise Agreement 2017. The dispute centred on the terms of the proposed enterprise agreement, specifically whether the conditions contained therein met the statutory requirements for approval under the Fair Work Act 2009.

The legal issues before the court involved verifying if the agreement complied with the procedural and substantive requirements set forth in the Act. Procedurally, the court had to determine whether the necessary steps for negotiating and finalising the agreement were followed correctly. Substantively, the court had to assess whether the agreement's terms were fair and reasonable in the context of the enterprise.

In its decision, the Fair Work Commission found that the agreement was negotiated in good faith and followed the correct procedural steps. It also concluded that the terms of the agreement were fair and reasonable, taking into account the specific circumstances of the employees and the operations of the company. The Commission approved the agreement, noting that it provided appropriate protections for the workforce while allowing the company to operate effectively.

The final orders of the Commission included the approval of the Asahi Beverages Welshpool Enterprise Agreement 2017, which would now govern the employment conditions of the relevant employees. The decision emphasised the importance of balancing the rights and interests of both the employer and employees under the Fair Work Act.

Asahi Beverages 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