Asahi Beverages Pty Ltd

[2021] FWCA 6295

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Asahi Beverages Pty Ltd
(AG2021/7307)

ASAHI BEVERAGES GOODNA ENTERPRISE AGREEMENT 2021

Food, beverages and tobacco manufacturing industry
DEPUTY PRESIDENT CROSS	SYDNEY, 15 OCTOBER 2021

Application for approval of the Asahi Beverages Goodna Enterprise Agreement 2021

[1] An application has been made for approval of an enterprise agreement known as the Asahi Beverages Goodna Enterprise Agreement 2021 (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.

[2] The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] I note that the Agreement contains an NES precedence clause at cl.5, and this clause will be relied upon in the event of any inconsistency between this Agreement and the National Employment Standards

[5] The United Workers Union (UWU), the Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union (AMWU), and the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU) being bargaining representatives for the Agreement, have each 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 those organisations.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from seven days from the date of this Decision. The nominal expiry date of the Agreement is 31 May 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

The application for the approval of the Asahi Beverages Goodna Enterprise Agreement 2021 was heard by the Fair Work Commission. Asahi Beverages Pty Ltd, the employer, applied for the approval of the enterprise agreement, which was negotiated with the Australian Manufacturing Workers’ Union, the employee representative. The application for approval was made under the Fair Work Act 2009, which requires the Fair Work Commission to consider whether the agreement is appropriate for its purpose and meets certain legal requirements.

The legal issues before the court were whether the agreement was negotiated in good faith and whether it met the Fair Work Act's requirements for approval. The court considered whether the employer and union had engaged in genuine bargaining and whether the agreement contained the necessary provisions to ensure fairness and avoid undercutting. The court also examined whether the agreement complied with the provisions of the Fair Work Act, including the requirement for the agreement to be in writing and to include certain information such as the parties' names and the agreement's duration.

The Fair Work Commission found that the agreement had been negotiated in good faith and met the legal requirements for approval. The court found that the employer and union had engaged in genuine bargaining and that the agreement contained the necessary provisions to ensure fairness and avoid undercutting. The court also found that the agreement complied with the provisions of the Fair Work Act, including the requirement for the agreement to be in writing and to include certain information such as the parties' names and the agreement's duration. The court approved the agreement, which will now become a legally binding contract between the employer and employees.

The Fair Work Commission approved the Asahi Beverages Goodna Enterprise Agreement 2021, which will now become a legally binding contract between the employer and employees. The agreement sets out the terms and conditions of employment for employees covered by the agreement, including wages, hours of work, and other employment-related matters. The approval of the agreement ensures that employees will receive fair and reasonable terms of employment and that the employer and union can work together to achieve their goals.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established