Asahi Beverages Pty Ltd Summary

[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

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, Asahi Beverages Pty Ltd applied for approval of the Asahi Beverages Prospect Enterprise Agreement 2023. The applicant sought approval of the agreement in accordance with the Fair Work Act 2009. The dispute centred on whether the proposed agreement met the legal requirements for approval, including whether it provided for fair and reasonable terms and conditions, and whether it was free from any unfair content.

The Commission was required to determine whether the proposed agreement was a "better off overall test" (BOOT) agreement, meaning that the majority of employees covered by the agreement were not worse off than they would be under their existing terms and conditions. The Commission also had to assess whether the agreement contained any unfair content that would render it invalid.

The Commission found that the proposed agreement was a BOOT agreement and did not contain any unfair content. The agreement provided for fair and reasonable terms and conditions, including provisions for wages, hours of work, leave entitlements, and dispute resolution. The Commission noted that the agreement had been negotiated in good faith and that the majority of employees had supported the agreement. The Commission approved the Asahi Beverages Prospect Enterprise Agreement 2023, and it will now be registered with the Fair Work Commission.

The Fair Work Commission approved the Asahi Beverages Prospect Enterprise Agreement 2023, and it will now be registered with the Commission. The approval is effective from the date of the Commission's decision, and the agreement will apply to the employees covered by it. The applicant is required to take all necessary steps to give effect to the approved agreement, including providing a copy of the agreement to each employee covered by it. The agreement will remain in force until it is replaced by a new enterprise agreement or until it is terminated in accordance with the Fair Work Act 2009.

Asahi Beverages Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established