Asahi Beverages Pty Ltd

[2021] FWCA 6295

[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

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ANNEXURE A