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

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

Asahi Beverages Pty Ltd, the applicant, sought approval of the Asahi Beverages Huntingwood (NSW) Enterprise Agreement 2017 from the Fair Work Commission. The application arose in the context of the applicant’s business operations in New South Wales, which included the manufacturing and distribution of beverages. The agreement in question was intended to govern the employment terms of the applicant's employees, and the approval sought was to ensure its compliance with the Fair Work Act 2009.

The legal issues before the Fair Work Commission centred on whether the agreement met the procedural and substantive requirements for approval under the Fair Work Act. Procedurally, the commission had to determine if the necessary consultation processes were followed and if the agreement was appropriately lodged. Substantively, the commission had to assess whether the agreement provided for fair and reasonable terms and conditions of employment, including minimum wages and conditions, and if it avoided unnecessary complexity or duplication.

The commission found that the applicant had adhered to the required consultation processes and that the agreement was properly lodged. Upon examining the substantive content, the commission concluded that the agreement provided for fair and reasonable terms and conditions of employment, including compliance with minimum wage rates and addressing various employment issues such as leave provisions, working hours, and classification of employees. The commission was satisfied that the agreement did not introduce unnecessary complexity or duplication and thus met the statutory standards for approval.

The Fair Work Commission approved the Asahi Beverages Huntingwood (NSW) Enterprise Agreement 2017, effective from the date of the decision. The approval was subject to the conditions and terms as outlined in the agreement, ensuring that it governed the employment terms of the applicant’s employees in compliance with the Fair Work Act.

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