Asahi Beverages Pty Ltd Summary

[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

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Asahi Beverages Pty Ltd recently appeared before the Fair Work Commission to seek approval of their proposed Heathwood Enterprise Agreement for the year 2024. The application for approval came after negotiations between the company and the relevant unions representing the employees. The dispute centred around the terms and conditions of employment as outlined in the proposed agreement, including wages, hours of work, leave provisions, and other employment-related matters. The Fair Work Commission was tasked with determining whether the proposed agreement met the necessary legal and procedural requirements for approval.

The primary legal issues before the Commission were whether the proposed agreement had been fairly and genuinely negotiated between the parties, whether it complied with the provisions of the Fair Work Act 2009, and whether it met the criteria for being a "better off overall test" (BOOT) agreement. The Commission also considered whether the agreement provided for appropriate mechanisms for dispute resolution and whether it contained provisions that were in the best interest of the employees.

After examining the submissions and evidence provided by both parties, the Commission concluded that the proposed agreement had been fairly and genuinely negotiated, and that it complied with the requirements of the Fair Work Act. The Commission found that the agreement provided for a fair and reasonable outcome for both the employees and the employer, and that it met the BOOT criteria. The Commission approved the proposed agreement, noting that it contained provisions that were beneficial to the employees, including improved wages and leave provisions. The Commission also noted that the agreement provided for appropriate mechanisms for dispute resolution, which would help to maintain harmonious industrial relations between the parties.

The Fair Work Commission approved the Asahi Beverages Heathwood Enterprise Agreement 2024, and the agreement will now come into effect on the specified date. The approval of the agreement ensures that the terms and conditions of employment for the employees will be governed by the provisions of the agreement, and that both parties will be bound by the terms and conditions set out therein. The approval of the agreement is a significant milestone for both the company and the employees, as it provides certainty and stability in the workplace.

Asahi Beverages Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established