Asahi Beverages Pty Ltd
[2024] FWCA 1344
•18 APRIL 2024
| [2024] FWCA 1344 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement
Asahi Beverages Pty Ltd
(AG2024/1083)
ASAHI BEVERAGES TULLAMARINE PRODUCTION AND DISTRIBUTION EMPLOYEES ENTERPRISE AGREEMENT 2023
| Food, beverages and tobacco manufacturing industry | |
| COMMISSIONER MIRABELLA | MELBOURNE, 18 APRIL 2024 |
Application for approval of the Asahi Beverages Tullamarine Production and Distribution Employees Enterprise Agreement 2023.
Asahi Beverages Pty Ltd (the Employer) has made an application for approval of an enterprise agreement known as the Asahi Beverages Tullamarine Production and Distribution Employees Enterprise Agreement 2023 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (Cth) (the FW Act). The Agreement is a single enterprise agreement.
The Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 (Cth) made a number of changes to enterprise agreement approval processes in Part 2-4 of the FW Act, that commenced operation on 6 June 2023. The notification time for the Agreement was 10 July 2023 and the Agreement was made on 21 March 2024. Accordingly, both the genuine agreement and the better off overall test requirements are those applying on and from 6 June 2023.
On the basis of the material contained in the application and accompanying declaration, I am satisfied that each of the requirements of sections 186, 187 and 188, as are relevant to this application for approval, has been met.
The Construction, Forestry and Maritime Employees Union, being a bargaining representative for the Agreement, has given notice under s.183 of the FW Act that it wants the Agreement to cover it. In accordance with s.201(2) and based on the declaration provided by the organisation, I note that the Agreement covers the organisation.
The Agreement was approved on 18 April 2024 and, in accordance with s.54, will operate from 25 April 2024. The nominal expiry date of the Agreement is 16 October 2027.
COMMISSIONER
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