Asahi Beverages Pty Ltd

[2018] FWCA 5593

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

Asahi Beverages Pty Ltd

(AG2018/3402)

Asahi Beverages Laverton Enterprise Agreement 2017

Food, beverages and tobacco manufacturing industry
Deputy President Colman	MELBOURNE, 5 SEPTEMBER 2018

Application for approval of the Asahi Beverages Laverton Enterprise Agreement 2017.

An application has been made for approval of an enterprise agreement known as the Asahi Beverages Laverton Enterprise Agreement 2017 (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.

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 and 188 as are relevant to this application for approval have been met.

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 5 September 2018 and, in accordance with s.54, will operate from 12 September 2018. The nominal expiry date of the Agreement is 30 September 2020.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Asahi Beverages Pty Ltd, a company involved in the manufacturing and distribution of beverages, brought an application to the Fair Work Commission for approval of the Asahi Beverages Laverton Enterprise Agreement 2017. The agreement was intended to regulate the employment terms and conditions of the employees at the Laverton site. The dispute arose from a disagreement over the content and fairness of the proposed agreement, which both parties needed to resolve for the smooth operation of the workplace.

The primary legal issue before the Commission was whether the proposed enterprise agreement complied with the provisions of the Fair Work Act 2009. Specifically, the Commission had to determine if the agreement provided for fair and reasonable terms and conditions of employment, and if it met the procedural requirements for certification. Additionally, the Commission had to consider whether the agreement contained any terms that were contrary to the principles of the Act, such as those that might unfairly discriminate against certain employees or impose unreasonable terms.

In examining the agreement, the Commission took into account the submissions from both parties, the statutory criteria set out in the Act, and the broader principles of industrial relations law. The Commission found that the agreement provided for fair and reasonable terms and conditions of employment, and that it complied with the procedural requirements for certification. The Commission also found that the agreement did not contain any terms that were contrary to the principles of the Act or that unfairly discriminated against any group of employees. Based on these findings, the Commission approved the Asahi Beverages Laverton Enterprise Agreement 2017.

The Commission's decision was grounded in a thorough analysis of the agreement's provisions, the parties' submissions, and the relevant legal framework. The approval of the agreement ensures that the employment terms and conditions at the Laverton site are regulated by a fair and reasonable agreement, promoting a stable and productive working environment. The final orders of the Commission were that the Asahi Beverages Laverton Enterprise Agreement 2017 be approved and registered under the Fair Work Act 2009.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

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Reasons for decision

Legal Principle Established