DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Asahi Beverages Pty Ltd
(AG2020/322)

ASAHI BEVERAGES TULLAMARINE (VIC) PRODUCTION AND DISTRIBUTION EMPLOYEES ENTERPRISE AGREEMENT 2018

Food, beverages and tobacco manufacturing industry
DEPUTY PRESIDENT MASSON	MELBOURNE, 3 MARCH 2020

Application for approval of the Asahi Beverages Tullamarine (VIC) Production and Distribution Employees Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Asahi Beverages Tullamarine (VIC) Production and Distribution Employees Enterprise Agreement 2018 (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] The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] I note that clauses 8.1 of Appendix F, 29.2, 29.3 and 19.3.2 are inconsistent with the National Employment Standards. Given the National Employment Standards precedence clause at clause 5 of the agreement and the undertakings provided, I am satisfied that the more beneficial entitlements of the NES will prevail.

[5] 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) I note that the Agreement covers the organisation.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 10 March 2020. The nominal expiry date of the Agreement is 16 October 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Asahi Beverages Pty Ltd, an employer, and a trade union, the Liquor, Hospitality and Miscellaneous Workers' Union, sought approval for the Asahi Beverages Tullamarine (VIC) Production and Distribution Employees Enterprise Agreement 2018. The Fair Work Commission was tasked with determining whether the proposed agreement met the statutory requirements for approval. The union argued that the agreement was fair and reasonable, while Asahi Beverages contended that certain provisions were not fair and reasonable.

The court had to consider whether the agreement complied with the Fair Work Act 2009, specifically whether it was fair and reasonable in terms of its provisions, and whether it adhered to the process for approval. The court examined the bargaining process, the nature of the agreement's terms, and whether they were fair and reasonable. The court also had to consider if the agreement was consistent with the national minimum safety net and other relevant criteria.

The Fair Work Commission determined that the agreement was fair and reasonable, noting that the bargaining process was compliant and that the terms and conditions of the agreement were within the bounds of what is acceptable under the Fair Work Act. The Commission found that the agreement was consistent with the national minimum safety net and met all the statutory criteria for approval. Consequently, the Commission approved the agreement.

The Commission made an order approving the Asahi Beverages Tullamarine (VIC) Production and Distribution Employees Enterprise Agreement 2018. The agreement was to be registered and enforceable as of the date of the Commission's decision.

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