Asahi Beverages Pty Ltd

[2024] FWCA 4389

[2024] FWCA 4389

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.210 - Application for approval of a variation of an enterprise agreement

Asahi Beverages Pty Ltd

(AG2024/4104)

ASAHI BEVERAGES WULKURAKA PRODUCTION ENTERPRISE AGREEMENT 2023

Food, beverages and tobacco manufacturing industry
COMMISSIONER YILMAZ	MELBOURNE, 9 DECEMBER 2024

Application for variation of the Asahi Beverages Wulkuraka Production Enterprise Agreement 2023

1. An application has been made for approval of a variation to the Asahi Beverages Wulkuraka Production Enterprise Agreement 2023 (the Agreement). The application was made by Asahi Beverages Pty Ltd pursuant to section 210 of the Fair Work Act 2009 (the Act).

1. The application seeks to vary various clauses of the Agreement. The details of the variation are attached to this decision as Annexure A.

1. I am satisfied that each of the requirements of ss.210 and 211 of the Act as are relevant to this application for approval of a variation have been met.

1. I note that the undertakings previously provided by the Applicant and accepted by the Commission when the Agreement was approved are taken to form part of the Agreement as varied.

1. The previous version of the Agreement did not contain a delegates’ rights clause. Consistent with s.205A of the Act, the delegates’ rights term of the Food, Beverage and Tobacco Manufacturing Award 2020 is taken to be a term of the varied Agreement.  

1. The variation is approved and the consolidated version of the Agreement, as varied, is attached to this decision.

1. In accordance with s.216 of the Act, the variation operates from 9 December 2024.

COMMISSIONER

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