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

Annexure A

CaseChat Overview and Summary

Asahi Beverages Pty Ltd, the employer, and the Transport Workers Union of Australia, the union, applied to the Fair Work Commission (FWC) for approval of the Asahi Beverages Selling Equipment Technical Services Enterprise Agreement (NSW) 2019 - 2022. The FWC was required to decide whether the agreement met the requirements of the Fair Work Act 2009, including whether it was made in good faith and covered all terms and conditions of employment of the employees to which it applied.

The FWC found that the agreement had been made in good faith and that it covered all terms and conditions of employment of the employees to which it applied. The FWC also found that the agreement contained all the prescribed terms required by section 235 of the Fair Work Act and did not contain any terms that were prohibited or restricted by the Act. The FWC was satisfied that the agreement provided for the proper operation of businesses and the proper regulation of employment and that it was fair and appropriate in all the circumstances.

The FWC approved the agreement, subject to certain modifications to ensure compliance with the Fair Work Act. The modifications included the removal of certain terms that were not prescribed by the Act and the addition of a term to ensure that employees were paid for all hours worked. The FWC also made orders to ensure that the agreement was properly brought to the attention of all affected employees and that any disputes arising from the agreement were resolved through the appropriate dispute resolution processes.

Asahi Beverages Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

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Legal Principle Established