Asahi Beverages Pty Ltd

[2020] FWCA 396

[2020] FWCA 396

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Asahi Beverages Pty Ltd
(AG2019/4673)

ASAHI BEVERAGES SELLING EQUIPMENT TECHNICAL SERVICES ENTERPRISE AGREEMENT (NSW) 2019 - 2022

Manufacturing and associated industries
DEPUTY PRESIDENT COLMAN	MELBOURNE, 24 JANUARY 2020

Application for approval of the Asahi Beverages Selling Equipment Technical Services Enterprise Agreement (NSW) 2019 - 2022

[1] Asahi Beverages Pty Ltd has made an application for approval of an enterprise agreement known as the Asahi Beverages Selling Equipment Technical Services Enterprise Agreement (NSW) 2019 - 2022 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). 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, and 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, 188 and 190 as are relevant to this application for approval have been met.

[4] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU), 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 24 January 2020 and, in accordance with s 54, will operate from 31 January 2020. The nominal expiry date of the Agreement is 30 September 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

<AE506869 PR716172>

Annexure A