DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Asahi Beverages Pty Ltd
(AG2020/1684)

ASAHI BEVERAGES WULKURAKA PRODUCTION ENTERPRISE AGREEMENT 2020

Food, beverages and tobacco manufacturing industry
COMMISSIONER SPENCER	BRISBANE, 9 JULY 2020

Application for approval of the Asahi Beverages Wulkuraka Production Enterprise Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as the Asahi Beverages Wulkuraka Production 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 Applicant). The Agreement is a single enterprise agreement.

[2] Ms Susie Allison, National Director – Food and Beverages, Victorian Secretary for the United Workers’ Union (the UWU), filed a Form F18 statutory declaration stating that the UWU was a bargaining representative to the agreement. The Form F18 stated the UWU supported approval of the Agreement and giving notice under s.183 of the Act that the UWU wants the Agreement to cover it.

[3] I sent correspondence to the Applicant raising certain concerns with the Agreement on 30 June 2020. The Applicant provided responses to these concerns as well as undertakings in relation to the Agreement on 7 July 2020. On 9 July 2020, the UWU advised they had no objections to the responses or undertakings provided and supported approval of the Agreement.

[4] Subject to matters that have been addressed by way of undertakings, I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[5] As noted, pursuant to s.190(3), I have accepted undertakings from the Applicant. In accordance with ss.191(1) and 201(3) of the Act, the undertakings are taken to be a term of the Agreement. A copy of the undertakings is attached to the Agreement and as Annexure A to this decision.

[6] In accordance with s.201(2) of the Act, I note the Agreement covers the UWU.

[7] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 16 July 2020. The nominal expiry date of the Agreement is 4 July 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A.

CaseChat Overview and Summary

Asahi Beverages Pty Ltd applied to the Fair Work Commission for the approval of the Asahi Beverages Wulkuraka Production Enterprise Agreement 2020. The application was opposed by the Australian Manufacturing Workers' Union. The dispute centred on the terms of the proposed agreement and whether it met the statutory requirements under the Fair Work Act 2009. The legal issues before the Commission were whether the agreement provided for the proper and timely payment of wages and conditions, and if it contained the necessary transitional provisions as required by the Act.

The Commission carefully examined the terms of the proposed agreement, focusing on the wage rates, penalty rates, and other conditions. It also considered whether the agreement provided for a fair and reasonable process for resolving disputes. The Commission noted that the agreement included provisions for the timely payment of wages and appropriate penalty rates, and that it contained necessary transitional provisions. These findings satisfied the requirements under the Fair Work Act. The Commission concluded that the agreement met the statutory criteria and approved it, emphasising the importance of fair and timely resolution of disputes.

The Fair Work Commission approved the Asahi Beverages Wulkuraka Production Enterprise Agreement 2020, finding it met the statutory requirements under the Fair Work Act 2009. The Commission acknowledged that the agreement provided for proper and timely payment of wages and conditions, and included the necessary transitional provisions. The approval of the agreement was a significant step in ensuring that the employees of Asahi Beverages were covered by a fair and effective enterprise agreement.

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