Asahi Beverages Pty Ltd
[2024] FWCA 3289
•17 SEPTEMBER 2024
| [2024] FWCA 3289 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Asahi Beverages Pty Ltd
(AG2024/3156)
ASAHI BEVERAGES HEATHWOOD ENTERPRISE AGREEMENT 2024
| Food, beverages and tobacco manufacturing industry | |
| DEPUTY PRESIDENT MILLHOUSE | MELBOURNE, 17 SEPTEMBER 2024 |
Application for approval of the Asahi Beverages Heathwood Enterprise Agreement 2024
An application has been made for approval of an enterprise agreement known as the Asahi Beverages Heathwood Enterprise Agreement 2024 (Agreement). The application was made pursuant to s 185 of the Fair Work Act 2009 (Cth) (Act). It has been made by Asahi Beverages Pty Ltd (Employer). The Agreement is a single enterprise agreement.
The application was required to be filed within 14 days after it was made on 2 August 2024 in accordance with s 185(3) of the Act. As it was not filed until 19 August 2024, it was filed three days after the expiry of the statutory timeframe. Pursuant to s 185(3)(b), in all the circumstances, I consider it fair to extend the time for making the application.
The Employer has provided written undertakings. A copy of the undertakings is attached at 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. The undertakings are taken to be a term of the Agreement.
Subject to the undertakings referred to above, I am satisfied that each requirement of ss 186, 187, 188 and 190 as are relevant to this application for approval have been met. For the purposes of the better off overall test, I have had regard to each of the matters in s 193A(2)-(7).
I observe that the clause 21 of the Agreement (Compassionate Leave) may be inconsistent with the National Employment Standards (NES) as the Agreement is silent in relation to compassionate leave in circumstances of a stillbirth or miscarriage. However, noting clause 5 of the Agreement, I am satisfied that the more beneficial entitlements of the NES in the Act will prevail where there is an inconsistency between the Agreement and the NES.
The United Workers’ Union 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 the organisation.
The Agreement is approved and, in accordance with s 54 of the Act will operate from 24 September 2024. The nominal expiry date of the Agreement is 30 June 2027.
DEPUTY PRESIDENT
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Annexure A
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