DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Asahi Beverages Pty Ltd
(AG2021/6328)

ASAHI BEVERAGES SELLING EQUIPMENT TECHNICAL SERVICES (VIC) ENTERPRISE AGREEMENT 2021

Manufacturing and associated industries
COMMISSIONER MCKINNON	MELBOURNE, 2 AUGUST 2021

Application for approval of the Asahi Beverages Selling Equipment Technical Services (VIC) Enterprise Agreement 2021.

[1] Asahi Beverages Pty Ltd has applied for approval of a single enterprise agreement known as the Asahi Beverages Selling Equipment Technical Services (VIC) Enterprise Agreement 2021 (the Agreement).

[2] 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.

[3] The Agreement is approved and will operate from 9 August 2021. The nominal expiry date of the Agreement is 31 March 2024.

[4] The Agreement covers the “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU).

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, Asahi Beverages Pty Ltd applied for approval of the Asahi Beverages Selling Equipment Technical Services (VIC) Enterprise Agreement 2021. The agreement was to cover employees who are members of the Retail and Fast Food Workers Union of Victoria. The dispute centred around the provisions of the proposed agreement and its compliance with the relevant industrial legislation.

The primary legal issue before the Commission was whether the provisions of the enterprise agreement were consistent with the Fair Work Act 2009, and whether they met the requirements for a ‘good faith’ bargaining process. This included examining if the agreement adequately covered the terms and conditions of employment, including wages, hours of work, and other entitlements, and if it was negotiated in good faith by the parties involved.

The Commission considered the submissions from both parties and undertook a detailed analysis of the agreement's provisions. It found that the agreement met the statutory requirements and was the product of genuine and good faith negotiations. The Commission noted that the agreement provided fair and reasonable terms for the employees and addressed the key issues relevant to the workforce. Consequently, the Commission approved the enterprise agreement, finding that it was in compliance with the applicable industrial laws and appropriately reflected the interests of both the employer and the employees.

The Commission's decision was final, and the approved agreement was registered accordingly, setting the terms and conditions of employment for the relevant employees under the agreement.

Asahi Beverages Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established