Asahi Beverages Pty Ltd Summary

[2018] FWCA 7260

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Asahi Beverages Pty Ltd

(AG2018/3701)

ASAHI BEVERAGES SELLING EQUIPMENT TECHNICAL SERVICES (VIC) ENTERPRISE AGREEMENT 2018

Manufacturing and associated industries
DEPUTY PRESIDENT COLMAN	MELBOURNE, 27 NOVEMBER 2018

Application for approval of the Asahi Beverages Selling Equipment Technical Services (VIC) Enterprise Agreement 2018.

An application has been made for approval of an enterprise agreement known as the Asahi Beverages Selling Equipment Technical Services (VIC) 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.

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.

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.

I observe that certain provisions of the Agreement are likely to be inconsistent with the National Employment Standards (NES). However, noting clause 5 of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

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.

The Agreement was approved on 27 November 2018 and, in accordance with s.54, will operate from 4 December 2018. The nominal expiry date of the Agreement is 31 March 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The parties involved in the case were Asahi Beverages Pty Ltd and the relevant trade union. The dispute centred on the application for approval of the Asahi Beverages Selling Equipment Technical Services (VIC) Enterprise Agreement 2018. The Fair Work Commission was the court that heard the case. The primary issue the court had to decide was whether the agreement met the criteria for approval under the Fair Work Act 2009. This involved assessing whether the agreement provided for the appropriate minimum entitlements and whether it was made in good faith and without coercion.

The court examined the provisions of the agreement, the negotiation process, and the context in which the agreement was made. The Commission needed to ensure that the agreement complied with the requirements for minimum entitlements, which include provisions for wages, hours of work, leave, and other employment conditions. Additionally, the court considered whether the agreement was made in good faith and without any undue influence or coercion. The Commission also assessed whether the agreement provided for fair and reasonable terms and conditions for the employees involved.

In reaching its decision, the Commission noted that the agreement had been negotiated in good faith and that it contained provisions that met the minimum entitlements required by law. The court found that the agreement was fair and reasonable, and that it provided for appropriate terms and conditions for the employees. The Commission was satisfied that the negotiation process was transparent and that the agreement was not made under any form of coercion. Consequently, the court approved the Asahi Beverages Selling Equipment Technical Services (VIC) Enterprise Agreement 2018.

The final orders of the Commission were that the agreement be approved as a registered agreement under the Fair Work Act 2009. This approval meant that the agreement would be legally binding on the parties and enforceable in the relevant courts. The approval also ensured that the employees covered by the agreement would receive the minimum entitlements and terms and conditions as outlined in the agreement.

Asahi Beverages Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established