Asahi Beverages Pty Ltd
[2023] FWCA 2603
•17 AUGUST 2023
| [2023] FWCA 2603 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement
Asahi Beverages Pty Ltd
(AG2023/2613)
ASAHI BEVERAGES PROSPECT ENTERPRISE AGREEMENT 2023
| Food, beverages and tobacco manufacturing industry | |
| COMMISSIONER MATHESON | SYDNEY, 17 AUGUST 2023 |
Application for approval of the Asahi Beverages Prospect Enterprise Agreement 2023
An application has been made for approval of an enterprise agreement known as the Asahi Beverages Prospect Enterprise Agreement 2023 (Agreement). The application was made by Asahi Beverages Pty Ltd (Applicant) pursuant to s.185 of the Fair Work Act 2009 (Cth) (Act). The Agreement is a single enterprise agreement.
Changes to the Act came into effect on 6 June 2023 in relation to genuine agreement. The Form F17A indicates that the notification time for the Agreement was 18 May 2023. In these circumstances and as a consequence of the Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 (Amending Act), clause 66 of Part 13 of Schedule 1 of the Act has the effect that despite the amendments made to the Act by Part 14 of Schedule 1 to the Amending Act, Part 2-4 of the Act continues to apply as if the amendments had not been made. The application has been assessed on this basis, taking into account the provisions of Part 2-4 of the Act in relation to genuine agreement in force immediately prior to 6 June 2023.
On the basis of the materials before the Commission, I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to the application for approval of the Agreement 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) of the Act, I note that the Agreement covers the organisation.
The Agreement is approved and will operate from 24 August 2023. The nominal expiry date of the Agreement is 30 July 2025.
COMMISSIONER
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