Asahi Beverages Pty Ltd
[2018] FWCA 1070
•19 FEBRUARY 2018
| [2018] FWCA 1070 |
| FAIR WORK COMMISSION |
DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Asahi Beverages Pty Ltd
(AG2017/6781)
ASAHI BEVERAGES HUNTINGWOOD (NSW) ENTERPRISE AGREEMENT 2017
Food, beverages and tobacco manufacturing industry | |
COMMISSIONER MCKINNON | MELBOURNE, 19 FEBRUARY 2018 |
Application for approval of the Asahi Beverages Huntingwood (NSW) Enterprise Agreement 2017.
[1] An application has been made for approval of an enterprise agreement known as the Asahi Beverages Huntingwood (NSW) 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.
[2] The Applicant 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.
[3] Subject to the undertakings referred to above, 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] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.
[5] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.
[6] The United Voice 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) I note that the Agreement covers the organisation.
[7] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 26 February 2018. The nominal expiry date of the Agreement is 18 February 2021.
COMMISSIONER
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ANNEXURE A
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