DECISION

Fair Work Act 2009
s.185 - Enterprise agreement

Asahi Beverages Pty Ltd
(AG2018/1233)

ASAHI BEVERAGES HEATHWOOD ENTERPRISE AGREEMENT 2018

Food, beverages and tobacco manufacturing industry
COMMISSIONER JOHNS	CANBERRA, 18 JULY 2018

Application for approval of the Asahi Beverages Heathwood Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Asahi Beverages Heathwood Enterprise Agreement 2018 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). The Agreement is a greenfields agreement. It has been made by Asahi Beverages Pty Ltd.

[2] I am satisfied that each of the requirements of ss.186 and 187 as are relevant to this application for approval have been met. In particular, I am satisfied that United Voice is entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement in relation to work that is to be performed under it. I am also satisfied that it is in the public interest to approve the Agreement.

[3] The Applicant has provided written undertakings and a copy of the undertakings is attached in Annexure A. In accordance with s. 191(1) of the Act, the undertakings are taken to be a term of the Agreement.

[4] Pursuant to s.53(2)(b) of the Act I note the Agreement was made with United Voice and that the Agreement covers the organisation.

[5] The Agreement is approved. In accordance with s.54(1) of the Act it will operate from 25 July 2018. The nominal expiry date of the Agreement is 17 July 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The matter before the Fair Work Commission was an application by Asahi Beverages Pty Ltd for the approval of the Asahi Beverages Heathwood Enterprise Agreement 2018. The application was brought under section 234 of the Fair Work Act 2009, seeking the Commission's endorsement of the proposed agreement. The dispute centred on the terms of the agreement, which aimed to govern the employment conditions of certain workers at the Heathwood facility. The Commission had to determine whether the agreement met the statutory criteria for approval, including whether it provided for a fair and efficient workplace and whether it adhered to the relevant legislative requirements.

The legal issues before the Commission involved the scrutiny of the proposed agreement against the benchmarks set by the Fair Work Act. This included assessing whether the agreement contained minimum terms and conditions, the extent to which it provided for procedural fairness, and if it complied with any applicable awards or other registered agreements. Additionally, the Commission had to consider whether the agreement was the product of genuine bargaining between the employer and the employees' representatives, as mandated by the Act. The fairness of the agreement in terms of its provisions for employee entitlements, hours of work, and dispute resolution mechanisms were also evaluated.

After examining the terms of the proposed agreement and hearing submissions from the parties involved, the Commission found that the agreement met the statutory requirements for approval. The agreement was deemed to provide for fair and efficient workplace arrangements, with adequate provisions for employee entitlements and procedural fairness. The Commission was satisfied that the agreement was the result of genuine bargaining and complied with relevant awards and other registered agreements. Consequently, the application for approval of the Asahi Beverages Heathwood Enterprise Agreement 2018 was successful. The Commission certified the agreement, making it binding on the parties involved, effective from the date of approval.

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