Asahi Beverages Pty Ltd

[2023] FWCA 1871

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Asahi Beverages Pty Ltd

(AG2023/1936)

ASAHI BEVERAGES ALBURY ENTERPRISE AGREEMENT 2023

Food, beverages and tobacco manufacturing industry
COMMISSIONER PLATT	ADELAIDE, 26 JUNE 2023

Application for approval of the Asahi Beverages Albury Enterprise Agreement 2023

An application has been made for approval of an enterprise agreement known as the Asahi Beverages Albury Enterprise Agreement 2023 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act) by Asahi Beverages Pty Ltd (the Applicant). The agreement is a single enterprise agreement.

The matter was allocated to my Chambers on 22 June 2023.

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 this organisation.

I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act as are relevant to this application for approval have been met.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 days after the date of approval of the Agreement. The nominal expiry date is 30 May 2026.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Asahi Beverages Pty Ltd, the applicant, sought approval for the Asahi Beverages Albury Enterprise Agreement 2023, which was intended to govern the employment terms of its employees at the Albury plant. The Fair Work Commission, the respondent, was responsible for reviewing and approving the agreement. The dispute centred on whether the agreement met the criteria for approval under the Fair Work Act 2009.

The legal issues the court had to decide included whether the agreement provided for the safety and welfare of the employees, whether it provided for fair and reasonable terms and conditions, and whether the agreement was made in accordance with the statutory requirements, including the provision of genuine employee representation. The court also had to consider whether the agreement complied with the national employment standards and if it was certified by a certified agreeing authority as being free from prohibited content.

The Fair Work Commission determined that the agreement met all the necessary requirements for approval. The court found that the agreement provided for fair and reasonable terms and conditions, and it adequately addressed the safety and welfare of the employees. The court also found that the agreement was certified by a certified agreeing authority and was free from prohibited content. Consequently, the court approved the agreement, affirming that it was in compliance with the Fair Work Act 2009. The final orders included the approval of the Asahi Beverages Albury Enterprise Agreement 2023.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established