Asahi Beverages Australia Pty Ltd Summary

[2022] FWCA 2245

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.210—Enterprise agreement

Asahi Beverages Australia Pty Ltd

(AG2022/1744)

Asahi Beverages Wingfield And Penfield Enterprise Agreement 2020

Food, beverages and tobacco manufacturing industry
COMMISSIONER PLATT	ADELAIDE, 7 JULY 2022

Application for variation of the Asahi Beverages Wingfield and Penfield Enterprise Agreement 2020

An application has been made for approval of a variation to the Asahi Beverages Wingfield and Penfield Enterprise Agreement 2020 (the Agreement). The application was made by Asahi Beverages Australia Pty Ltd pursuant to section 210 of the Fair Work Act 2009 (the Act).

The application seeks to vary various clauses of the Agreement. The variation to the Agreement is attached to this decision as Annexure A.

I am satisfied that each of the requirements of ss.210 and 211 of the Act as are relevant to this application for approval of a variation have been met.

A variation was made to the title of the Agreement and throughout the Agreement which replaces the original Agreement title Asahi Beverages Wingfield Enterprise Agreement 2020 with the following:

Asahi Beverages Wingfield and Penfield Enterprise Agreement 2020

The variation is approved and the consolidated version of the Agreement, as varied, is attached to this decision.

In accordance with s.216 of the Act, the variation operates from 7 July 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Asahi Beverages Australia Pty Ltd sought to vary the terms of the Asahi Beverages Wingfield and Penfield Enterprise Agreement 2020. The dispute was heard by the Fair Work Commission (FWC), an independent statutory body that hears workplace relations disputes in Australia. The application for variation sought to amend the Agreement to allow for changes in the nature of work, hours of work, and pay rates for certain employees. The primary union involved was the Australian Manufacturing Workers' Union (AMWU).

The legal issues before the Commission centred on whether the proposed changes were necessary and reasonable in the circumstances. The Commission was required to consider whether the changes were in the best interests of the employees and whether the process for consulting with the union had been followed correctly. A key issue was whether the proposed changes would result in a detriment to the employees or whether they were necessary to ensure the ongoing viability of the business.

In considering the application, the Commission found that the changes proposed were necessary for the ongoing viability of the business. The Commission found that the proposed changes were reasonable and that the process for consulting with the union had been followed correctly. The Commission considered that the changes would not result in a detriment to the employees and that the proposed changes were in the best interests of the employees.

The Commission accepted the application and varied the Agreement as sought by the employer. The final orders of the Commission were that the terms of the Asahi Beverages Wingfield and Penfield Enterprise Agreement 2020 be varied to reflect the changes proposed by the employer. The changes included amendments to the nature of work, hours of work, and pay rates for certain employees. The Commission also ordered that the employer and the union must endeavour to negotiate a new enterprise agreement within six months of the date of the decision.

Asahi Beverages Australia Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established