DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Asahi Beverages Pty Ltd
(AG2020/2228)

ASAHI BEVERAGES LAVERTON ENTERPRISE AGREEMENT 2020

Food, beverages and tobacco manufacturing industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 20 AUGUST 2020

Application for approval of the Asahi Beverages Laverton Enterprise Agreement 2020

[1] Asahi Beverages Pty Ltd has made an application for approval of an enterprise agreement known as the Asahi Beverages Laverton 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 application was not lodged within 14 days after the agreement was made. Pursuant to s 185(3)(b), 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 Australian Manufacturing 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.

[5] The Agreement was approved on 20 August 2020 and, in accordance with s 54, will operate from 27 August 2020. The nominal expiry date of the Agreement is 31 March 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Asahi Beverages Pty Ltd sought approval of an enterprise agreement in the Fair Work Commission. The agreement related to the employees of the company's Laverton operations. The dispute centred around whether the agreement was made in accordance with the Fair Work Act and whether it met the criteria for being a "better off overall test." The employees' union contested the proposed changes, arguing they would negatively affect employee conditions and entitlements.

The central legal issues the commission had to address were whether the agreement was genuinely made by the parties without any form of duress, whether it complied with the provisions of the Fair Work Act, and if the agreement passed the "better off overall test." This test requires that the proposed agreement should provide employees with a minimum of the same conditions as they would have under their existing awards or agreements.

In considering the application, the commission examined the process through which the agreement was negotiated and whether it was done in good faith. The commission also assessed if the agreement provided employees with comparable or better conditions and financial benefits. After reviewing submissions from both sides and conducting a thorough analysis, the commission concluded that the agreement was made in good faith, met all legal requirements, and passed the "better off overall test." The commission approved the enterprise agreement, finding it to be fair and balanced.

As a result, the Fair Work Commission approved the Asahi Beverages Laverton Enterprise Agreement 2020. The agreement now binds the employees of the Laverton operations and governs their employment conditions, effectively resolving the dispute.

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