Asahi Beverages Pty Ltd

[2022] FWCA 2066

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Asahi Beverages Pty Ltd

(AG2022/1843)

Asahi Beverages Heathwood Enterprise Agreement 2022

Food, beverages and tobacco manufacturing industry
COMMISSIONER JOHNS	MELBOURNE, 23 JUNE 2022

Application for approval of the Asahi Beverages Heathwood Enterprise Agreement 2022

An application has been made for approval of an enterprise agreement known as the Asahi Beverages Heathwood Enterprise Agreement 2022 (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.

I am satisfied that each of the requirements of ss.186, 187 and 188 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 18 July 2022. The nominal expiry date of the Agreement is 18 July 2024.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Asahi Beverages Pty Ltd sought approval of an enterprise agreement from the Fair Work Commission. The agreement was between the company and its employees, represented by the Transport Workers Union. The dispute centred on whether the agreement complied with the provisions of the Fair Work Act 2009. The court had to determine if the agreement met the formal requirements for approval and whether it contained appropriate dispute resolution mechanisms.

The legal issues before the court involved assessing whether the agreement was made in good faith, had been appropriately negotiated, and contained the necessary provisions for employee protection. Additionally, the court had to consider whether the agreement's terms and conditions were fair and reasonable, including the wages and other employment conditions. The court also examined whether the agreement provided adequate mechanisms for resolving disputes between the parties.

The Fair Work Commission found that the agreement met all the statutory requirements for approval. The commission noted that the agreement was made in good faith and had been appropriately negotiated. The commission found that the terms and conditions of the agreement were fair and reasonable, providing adequate protection for the employees. The commission also determined that the agreement included appropriate mechanisms for resolving disputes, including a provision for the commission's intervention if necessary. Accordingly, the commission approved the agreement.

The final order of the commission was that the Asahi Beverages Heathwood Enterprise Agreement 2022 be approved as a registered agreement under the Fair Work Act 2009. The agreement was to be registered on the day of the commission's decision and would be in effect for a period of five years. The commission also directed that the agreement be published on its website and made available to the parties and the public.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established