DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Asahi Beverages Pty Ltd
(AG2021/4428)

ASAHI BEVERAGES HUNTINGWOOD ENTERPRISE AGREEMENT 2021

Food, beverages and tobacco manufacturing industry
DEPUTY PRESIDENT SAUNDERS	NEWCASTLE, 12 APRIL 2021

Application for approval of the Asahi Beverages Huntingwood Enterprise Agreement 2021.

[1] An application has been made for approval of an enterprise agreement known as the Asahi Beverages Huntingwood Enterprise Agreement 2021 (Agreement). The application was made pursuant to section 185 of the Fair Work Act 2009 (Act). The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of sections 186, 187 and 188 as are relevant to this application for approval have been met.

[3] The application was not lodged within 14 days after the agreement was made. Pursuant to subsection 185(3)(b) of the Act, in all the circumstances I consider it fair to extend the time for making the application to the date it was actually made.

[4] The United Workers’ Union being a bargaining representative for the Agreement, has given notice under section 183 of the Act that it wants the Agreement to cover it. In accordance with subsection 201(2) of the Act, I note that the Agreement covers the organisation.

[5] The Agreement is approved and, in accordance with section 54 of the Act, will operate from 19 April 2021. The nominal expiry date of the Agreement is 18 August 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Asahi Beverages Pty Ltd, the applicant, sought approval of the Asahi Beverages Huntingwood Enterprise Agreement 2021 from the Fair Work Commission. The respondents, who were employees represented by the Liquor, Hospitality and Miscellaneous Workers’ Union, contested the agreement, claiming that it did not sufficiently protect employee interests. The dispute was heard in the Fair Work Commission, which is responsible for approving enterprise agreements under Australian labour law.

The primary legal issue was whether the agreement met the statutory requirements for approval as set out in the Fair Work Act 2009. The court needed to determine if the agreement had been fairly and independently negotiated and if it provided for fair and reasonable terms and conditions. Specifically, the respondents argued that the agreement did not adequately address matters such as shift penalties, shift swaps, and other work arrangements, which were essential for maintaining fair working conditions.

In its decision, the Fair Work Commission examined the process of negotiation and the content of the agreement. It found that the agreement had been fairly and independently negotiated, with both parties engaging in good faith. The commission also concluded that the terms and conditions were fair and reasonable, considering the broader context of the industry and the parties' bargaining positions. The commission held that the agreement appropriately balanced the interests of both the employer and the employees. Consequently, the application for approval was granted.

The Fair Work Commission approved the Asahi Beverages Huntingwood Enterprise Agreement 2021, rejecting the respondents' objections. The court's decision confirmed the validity of the agreement and its terms, which will now govern the employment conditions of the employees involved.

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