Asahi Beverages Pty Ltd
[2023] FWCA 3017
•19 SEPTEMBER 2023
| [2023] FWCA 3017 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Asahi Beverages Pty Ltd
(AG2023/3012)
ASAHI BEVERAGES PENFIELD ENTERPRISE AGREEMENT 2023
| Food, beverages and tobacco manufacturing industry | |
| COMMISSIONER LIM | PERTH, 19 SEPTEMBER 2023 |
Application for approval of the Asahi Beverages Penfield Enterprise Agreement 2023
Asahi Beverages Pty Ltd has made an application for the approval of an enterprise agreement known as the Asahi Beverages Penfield Enterprise Agreement 2023 (the Agreement). The application was made under s 185 of the Fair Work Act 2009 (Cth) (the Act). The Agreement is a single enterprise agreement.
The Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 (Cth) (Amending Act) made a number of changes to enterprise agreement approval processes in Part 2-4 of the Fair Work Act, that commenced operation on 6 June 2023. The notification time for the Agreement under s.173(2) was 30 June 2023 and the Agreement was made on 17 August 2023. 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 declarations, I am satisfied that each of the requirements of ss 186, 187 and 188 of the Act as are relevant to this application for approval have been met.
The United Workers Union (UWU), 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), and based on the declaration provided by the organisation, I note that the organisation is covered by the Agreement.
The Agreement was approved on 19 September 2023 and, in accordance with s 54, will operate from 26 September 2023. The nominal expiry date of the Agreement is 31 August 2026.
COMMISSIONER
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