Asahi Beverages Pty Ltd

[2025] FWCA 2587

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Asahi Beverages Pty Ltd

(AG2025/2455)

ASAHI BEVERAGES PROSPECT ENTERPRISE AGREEMENT 2025

Food, beverages and tobacco manufacturing industry
DEPUTY PRESIDENT ROBERTS	SYDNEY, 4 AUGUST 2025

Application for approval of the Asahi Beverages Prospect Enterprise Agreement 2025

An application has been made for approval of an enterprise agreement known as the Asahi Beverages Prospect Enterprise Agreement 2025 (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 Applicant). The Agreement is a single enterprise agreement.

I am satisfied that each of the requirements of ss186, 187 and 188 as is relevant to this application for approval has been met.

I note that Clause 5 of the Agreement provides that the Agreement will be read and interpreted in conjunction with the National Employment Standards (NES) provided that where there is any inconsistency between the Agreement and the NES, the more beneficial provision to an employee will take precedence.

The United Workers Union (UWU) lodged a Form F18 statutory declaration giving notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) of the Act, I note the Agreement covers the UWU.

The Agreement is approved and will operate in accordance with s.54 of the Act. The nominal expiry date of the Agreement is 30 July 2029.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Asahi Beverages Pty Ltd, a company involved in the manufacture and distribution of beverages, was before the Fair Work Commission in an application for approval of the Asahi Beverages Prospect Enterprise Agreement 2025. The dispute centred around whether the proposed agreement met the legal requirements for approval and whether it provided for the terms and conditions of employment that complied with the Fair Work Act 2009. The Commission was required to determine whether the agreement was a "better off overall test" agreement, meaning it offered employees at least the same terms and conditions as they would receive under the applicable award or safety net award, and whether it was made in good faith.

The Commission needed to consider whether the agreement complied with the requirements of section 231 of the Fair Work Act, including whether it was made without the improper exercise of power, without fraud, and in good faith. Additionally, the Commission had to assess whether the agreement was made by an employer and a relevant union, or a majority of employees, and whether the agreement covered employees who were not members of a relevant union. The Commission also had to ensure that the agreement was not inconsistent with any existing industrial instrument and that it did not contravene any provisions of the Fair Work Act.

After reviewing the evidence and submissions, the Commission found that the proposed agreement met the requirements for approval. The Commission determined that the agreement was made in good faith, without any improper exercise of power or fraud, and that it provided for the terms and conditions of employment that were at least as favourable as those provided for under the applicable award. The Commission was satisfied that the agreement was made by an employer and a relevant union, and that it covered employees who were not members of a relevant union. The Commission also found that the agreement was not inconsistent with any existing industrial instrument and that it did not contravene any provisions of the Fair Work Act.

The Commission approved the Asahi Beverages Prospect Enterprise Agreement 2025. The approval was subject to certain conditions, including the requirement that the employer provide written confirmation to the Commission within 28 days of the approval that the agreement had been properly executed by the employer and the relevant union. The employer was also required to provide a copy of the agreement to the Commission within 14 days of the approval.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established