Asahi Beverages Pty Ltd

[2021] FWCA 2538

[2021] FWCA 2538

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.210 - Application for approval of a variation of an enterprise agreement

Asahi Beverages Pty Ltd
(AG2021/4874)

ASAHI BEVERAGES WULKURAKA PRODUCTION ENTERPRISE AGREEMENT 2020

Food, beverages and tobacco manufacturing industry
COMMISSIONER SPENCER	BRISBANE, 12 MAY 2021

Application for variation of the Asahi Beverages Wulkuraka Production Enterprise Agreement 2020.

[1] An Application has been made for a variation of the Asahi Beverages Wulkuraka Production Enterprise Agreement 2020 (the Agreement). The Application was made pursuant to s.210 of the Fair Work Act 2009 (the Act). It has been made by the Asahi Beverages Pty Ltd (the Applicant).

[2] The variation sought to amend clause 2.1 of the Agreement to state:

“This Agreement shall cover Asahi Beverages Pty Ltd (the Company) and the employees employed at 4 Enterprise Street, Wulkuraka QLD 4305 and 26 Beirne Street, Wulkuraka QLD 4305 in the classifications set out in Appendix B of this Agreement.”

[3] The Applicant submitted that the above coverage clause has been varied to include a new production line site at 26 Bernie Street, Wulkuraka.

[4] The United Workers’ Union, having been involved in the bargaining of the Agreement, confirmed that they did not object to the variation application.

[5] I am satisfied that each of the requirements of ss. 210 and 211 of the Act, as are relevant to this Application for approval have been met, that is; that a signed copy of the variation was provided by the Applicant; copy of the Agreement as proposed to be varied was provided by the Applicant; the Application was made within 14 days after the variation was made and the majority of employees voted to approve the variation. I am also satisfied that the Agreement, as varied, continues to pass the better off overall test.

[6] In accordance with s.216 of the Act, the variation operates from 12 May 2021. A consolidated copy of the Agreement, as varied, is attached to this Decision.

COMMISSIONER

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