Asahi Beverages Pty Ltd

[2025] FWCA 1711

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Asahi Beverages Pty Ltd

(AG2025/1488)

ASAHI BEVERAGES LAVERTON ENTERPRISE AGREEMENT 2025

Food, beverages and tobacco manufacturing industry
COMMISSIONER CONNOLLY	MELBOURNE, 22 MAY 2025

Application for approval of the Asahi Beverages Laverton Enterprise Agreement 2025

An application has been made for approval of an enterprise agreement known as the Asahi Beverages Laverton Enterprise Agreement 2025 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act) by Asahi Beverages Pty Ltd (the Applicant). The Agreement is a single enterprise agreement.

The matter was allocated to my Chambers on 21 May 2025.

The notification time for the Agreement under s.173(2) was 14 January 2025 and the Agreement was made on 2 May 2025. Accordingly, the genuine agreement requirements the Agreement is to be assessed under are those applying after 6 June 2023 and the better off overall test (BOOT) is that applying on and from 6 June 2023. [1]

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) of the Act I note that the Agreement covers this organisation.

I am satisfied that each of the requirements of ss.186, 187, 188, 190, 193 and 193A of the Act as are relevant to this application for approval have been met.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 days after the date of approval of the Agreement. The nominal expiry date is 31 March 2029.

COMMISSIONER

[1] The Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 (Cth) made a number of changes to enterprise agreement approval processes in Part 2-4 of the Fair Work Act. Those changes broadly commenced operation on 6 June 2023, subject to various transitional arrangements that included those to effect described above.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Asahi Beverages Pty Ltd applied to the Fair Work Commission (FWC) for approval of the Asahi Beverages Laverton Enterprise Agreement 2025. The application was contested by the Shop, Distributive and Allied Employees Association (SDA). The dispute centred on the terms and conditions of employment outlined in the proposed agreement and its compliance with the Fair Work Act 2009. The FWC was tasked with determining whether the agreement met the requirements for registration and approval under the Act.

The primary legal issues the FWC had to resolve were whether the agreement was a genuine enterprise agreement, whether it complied with the procedural requirements of the Fair Work Act, and whether it met the substantive fairness test. The SDA argued that the agreement did not adequately represent the interests of the employees, particularly in relation to penalty rates and shift loadings. The FWC considered the evidence and submissions from both parties, examining the negotiation process, the terms of the agreement, and the overall fairness of the agreement.

The FWC found that the agreement was genuinely made by the parties and that the negotiation process was valid and in accordance with the procedural requirements of the Fair Work Act. The FWC also concluded that the agreement was fair and reasonable, taking into account the interests of both the employer and the employees. The FWC noted that the agreement provided for fair compensation, including provisions for shift loadings and penalty rates, and that it was consistent with the broader industrial landscape. The FWC approved the application for the registration of the Asahi Beverages Laverton Enterprise Agreement 2025.

The final order of the FWC was that the Asahi Beverages Laverton Enterprise Agreement 2025 be registered under the Fair Work Act 2009. The agreement would now apply to the employees covered by the enterprise agreement, setting out the terms and conditions of their employment. The SDA's objections were dismissed, and the agreement was deemed to be a fair and valid enterprise agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established