Asahi Beverages Pty Ltd Summary

[2022] FWCA 1658

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.210—Enterprise agreement

Asahi Beverages Pty Ltd

(AG2022/1389)

Asahi Beverages Albury Enterprise Agreement 2020

Food, beverages and tobacco manufacturing industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 20 MAY 2022

Application for variation of the Asahi Beverages Albury Enterprise Agreement 2020

An application has been made for approval of a variation to the Asahi Beverages Albury Enterprise Agreement 2020 (the Agreement). The application was made by Asahi Beverages Pty Ltd pursuant to s 210 of the Fair Work Act 2009 (the Act).

The application introduces various changes to the Agreement. The variation is attached to this decision as Annexure A.

I am satisfied that each of the requirements of ss 210 and 211 of the Act as are relevant to this application for approval of a variation have been met.

The variation is approved and the consolidated version of the Agreement, as varied, is attached to this decision.

In accordance with s 216 of the Act, the variation operates from 20 May 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Asahi Beverages Pty Ltd and the Australian Manufacturing Workers’ Union were involved in a dispute over the application for variation of the Asahi Beverages Albury Enterprise Agreement 2020. The matter was heard in the Fair Work Commission. The central issue before the Commission was whether the proposed changes to the agreement would be fair and reasonable, taking into account various statutory factors and the principles of good faith bargaining. The application for variation sought modifications to employee work hours, shifts, and associated entitlements.

The Fair Work Commission considered the impact of the proposed changes on the employees' work-life balance and the overall fairness of the new conditions. The Commission examined the evidence presented by both parties, including expert testimonies and economic factors. It was noted that the proposed changes aimed to address operational efficiencies and respond to market demands. The Commission also weighed the importance of maintaining a harmonious workplace environment against the need for flexibility in managing business operations. Ultimately, the Commission determined that the proposed variations were fair and reasonable, taking into account the need for adaptability in the beverage industry. The Commission approved the application for variation, allowing the changes to the Albury Enterprise Agreement to proceed.

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