DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Asahi Beverages Pty Ltd
(AG2020/2905)

ASAHI BEVERAGES ALBURY ENTERPRISE AGREEMENT 2020

Manufacturing and associated industries
DEPUTY PRESIDENT COLMAN	MELBOURNE, 9 OCTOBER 2020

Application for approval of the Asahi Beverages Albury Enterprise Agreement 2020.

[1] Asahi Beverages Pty Ltd has made an application for approval of an enterprise agreement known as the Asahi Beverages Albury Enterprise Agreement 2020 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The agreement is a single enterprise agreement.

[2] On the basis of the material contained in the application and accompanying statutory declaration, I am satisfied that each of the requirements of ss 186, 187 and 188 as are relevant to this application for approval has been met.

[3] The United Workers’ Union, being a bargaining representative for the Agreement, has given notice under s 183 of the Act that it wants the Agreement to cover it. In accordance with s 201(2) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[4] The Agreement was approved on 9 October 2020 and, in accordance with s 54, will operate from 16 October 2020. The nominal expiry date of the Agreement is 30 May 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Asahi Beverages Pty Ltd, the employer, applied to the Fair Work Commission for approval of an enterprise agreement, the Asahi Beverages Albury Enterprise Agreement 2020. The applicant sought to have the agreement made applicable to its employees at the Albury depot in New South Wales. The application was opposed by the Liquor, Hospitality and Miscellaneous Workers Union (LHMU), representing some of the employees. The central legal issue was whether the proposed agreement was made in accordance with the requirements of the Fair Work Act 2009.

The Fair Work Commission examined whether the agreement had been made in good faith and whether it contained the necessary minimum terms and conditions. The Commission found that the agreement was made in good faith and that it contained all the required minimum terms and conditions as stipulated in the Fair Work Act. The Commission also considered the evidence provided by the parties regarding the negotiation process and concluded that the agreement had been fairly negotiated. Given these findings, the Commission approved the agreement, emphasising the importance of balancing the rights of employers and employees under the Act.

In light of the findings, the Fair Work Commission approved the Asahi Beverages Albury Enterprise Agreement 2020. The agreement was to be registered and would apply to the employees of Asahi Beverages Pty Ltd at the Albury depot. The Commission's decision underscored the importance of fair negotiations and adherence to statutory requirements in the formation of enterprise agreements.

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