Asahi Beverages Pty Ltd

[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

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).

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

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.

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.

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.

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

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

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Asahi Beverages Pty Ltd, the applicant, sought a variation to the Wulkuraka Production Enterprise Agreement 2023, which governs the terms and conditions of employment for workers at the Wulkuraka production facility. The respondent to the application, which is not named in the decision, did not contest the application but sought that the variation order contain certain specific wording. The matter was heard by the Fair Work Commission.

The key issue for the Commission was whether the proposed variation order, which sought to modify the terms of the enterprise agreement, complied with the requirements of the Fair Work Act 2009. Specifically, the Commission had to determine whether the proposed wording of the variation order was appropriate, given that the respondent had not contested the application but had suggested a particular wording for the order.

The Commission found that the proposed variation order, as drafted by the applicant, was acceptable and did not require the specific wording suggested by the respondent. The Commission noted that the respondent had not contested the application and that the proposed variation order was consistent with the application and the evidence provided. The Commission concluded that the proposed variation order was appropriate and ordered that the Wulkuraka Production Enterprise Agreement 2023 be varied as set out in the application.

The Commission made an order varying the Wulkuraka Production Enterprise Agreement 2023 in accordance with the terms of the applicant's application. The specific terms of the variation order were not detailed in the decision, but it is clear that the Commission was satisfied that the proposed variation order was appropriate and complied with the requirements of the Fair Work Act 2009. The respondent's suggested wording for the variation order was not adopted by the Commission.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established