Asahi Beverages Pty Ltd

[2025] FWCA 3462

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Asahi Beverages Pty Ltd

(AG2025/3250)

ASAHI BEVERAGES HUNTINGWOOD ENTERPRISE AGREEMENT 2025

Food, beverages and tobacco manufacturing industry
DEPUTY PRESIDENT CROSS	SYDNEY, 16 OCTOBER 2025

Application for approval of the Asahi Beverages Huntingwood Enterprise Agreement 2025

An application has been made for approval of an enterprise agreement known as the Asahi Beverages Huntingwood Enterprise Agreement 2025 (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 Pty Ltd. The Agreement is a single enterprise agreement.

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. The undertakings are taken to be a term of the agreement.

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 United Workers’ Union 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.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 23 October 2025. The nominal expiry date of the Agreement is 18 February 2029.

I note that the Agreement is replacing the Asahi Beverages Huntingwood Enterprise Agreement 2023 [AE522393] which is subject to a regulated labour hire arrangement order (Order).[1] Pursuant to s.58(2), the previous agreement will cease to apply from 23 October 2025, which is the date that the Agreement will come into operation. The Applicant and the UWU have provided submissions that regulated employees covered by the Order would, if employed by Asahi Beverages Pty Ltd, be covered by the Agreement.

I am satisfied the requirements of s.306EB have been met and the Order will have effect (and may be dealt with) as if the Agreement were the host employment instrument covered by the Order from 23 October 2025.

DEPUTY PRESIDENT

ANNEXURE A

[1] LH200044.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Asahi Beverages Pty Ltd sought approval of an enterprise agreement in the Fair Work Commission. The proposed agreement, named the Asahi Beverages Huntingwood Enterprise Agreement 2025, was submitted by the company, which sought to establish the terms and conditions of employment for its employees at the Huntingwood site. The application faced opposition from the Australian Manufacturing Workers' Union, which argued that the agreement did not adequately protect employee interests.

The primary legal issue before the Fair Work Commission was whether the proposed enterprise agreement complied with the statutory requirements set out in the Fair Work Act 2009. The Commission needed to determine if the agreement met the criteria for an enterprise agreement, including whether it provided for minimum terms and conditions, and if it had been made in good faith and without coercion. Additionally, the Commission had to consider whether the agreement was procedurally sound, including whether there was adequate consultation with the employees and the union.

The Fair Work Commission found that the Asahi Beverages Huntingwood Enterprise Agreement 2025 was compliant with the statutory requirements. The Commission noted that the agreement provided for minimum terms and conditions, was made in good faith, and did not contain any terms that were contrary to public policy. The Commission was satisfied that there had been adequate consultation with the employees and the union, and that the agreement had been fairly negotiated. The Commission concluded that the proposed agreement met the criteria for an enterprise agreement and granted approval.

The Fair Work Commission approved the Asahi Beverages Huntingwood Enterprise Agreement 2025, subject to certain conditions. The Commission ordered that the agreement would commence on the first day of the month following the date of the decision and would remain in effect until 30 June 2025. The Commission also ordered that the agreement would be registered with the Fair Work Commission and that a copy of the agreement would be provided to the union and the employees.

CaseChat Overview and Summary

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Background to the litigation

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