DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Asahi Beverages Pty Ltd
(AG2020/2597)

ASAHI BEVERAGES WELSHPOOL ENTERPRISE AGREEMENT 2020

Food, beverages and tobacco manufacturing industry
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 9 SEPTEMBER 2020

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

[1] An application has been made for approval of an enterprise agreement known as the Asahi Beverages Welshpool Enterprise Agreement 2020 (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 Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[3] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) and United Workers’ Union (UWU) being a bargaining representative for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers the organisations.

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

COMMISSIONER

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, applied to the Fair Work Commission for the approval of the Asahi Beverages Welshpool Enterprise Agreement 2020. The nature of the dispute revolved around whether the terms of the agreement complied with the relevant legislative provisions and whether it was fair and reasonable in all its aspects.

The legal issues that the court was required to decide included whether the agreement provided for the appropriate minimum entitlements and if the agreement was appropriately negotiated. The court had to consider whether the agreement contained all the mandated terms and conditions and whether the agreement was in line with the principles of good faith bargaining.

In its reasoning, the court noted that the agreement provided for a comprehensive set of terms and conditions, including provisions for wages, leave, and other employment-related matters. The court found that the agreement was appropriately negotiated and was in compliance with the relevant legislative provisions. The court also found that the agreement was fair and reasonable in all its aspects, taking into account the nature of the industry and the bargaining positions of the parties. The court approved the agreement, finding that it met all the necessary requirements. The final orders included the approval of the Asahi Beverages Welshpool Enterprise Agreement 2020, with the terms and conditions set out in the agreement becoming legally binding on the parties.

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