Asahi Beverages Pty Ltd T/A Asahi Beverages

[2022] FWCA 4048

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Asahi Beverages Pty Ltd T/A Asahi Beverages

(AG2022/4758)

Asahi Beverages Selling Equipment Technical Services (NSW) Enterprise Agreement 2022-2025

Food, beverages and tobacco manufacturing industry
COMMISSIONER MCKINNON	SYDNEY, 18 NOVEMBER 2022

Application for approval of the Asahi Beverages Selling Equipment Technical Services (NSW) Enterprise Agreement 2022 – 2025

Asahi Beverages Pty Ltd T/A Asahi Beverages has applied for approval of a single enterprise agreement known as the Asahi Beverages Selling Equipment Technical Services (NSW) Enterprise Agreement 2022 – 2025 (the Agreement).

I am satisfied that each of the requirements of ss.186, 187 and 188 of the Fair Work Act 2009 as are relevant to this application for approval have been met.

The Agreement is approved and will operate from 25 November 2022. The nominal expiry date of the Agreement is 30 September 2025.

The Agreement covers the "Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union" known as the Australian Manufacturing Workers' Union (AMWU).

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the recent case, Asahi Beverages Pty Ltd, trading as Asahi Beverages, applied to the Fair Work Commission for approval of the Asahi Beverages Selling Equipment Technical Services (NSW) Enterprise Agreement 2022 – 2025. The nature of the dispute centred around whether the proposed enterprise agreement met the legal requirements for approval under the Fair Work Act 2009. The Fair Work Commission, as the relevant authority for this matter, was tasked with assessing the agreement.

The central legal issues the court needed to determine were whether the enterprise agreement was genuinely a product of agreement between the employer and the employees, and if it met the procedural and substantive requirements set out in the Fair Work Act. This included ensuring that the agreement provided for minimum rates of pay, reasonable working conditions, and did not discriminate against any group of employees.

The Fair Work Commission examined the application thoroughly, taking into account the submissions from both Asahi Beverages and the employees' representatives. The Commission found that the agreement was fairly and genuinely negotiated and complied with the necessary legal standards. The Commission was satisfied that the agreement was made in good faith, and that it provided for fair and reasonable terms and conditions for the employees. The court concluded that the enterprise agreement met the statutory requirements and approved the Asahi Beverages Selling Equipment Technical Services (NSW) Enterprise Agreement 2022 – 2025. This decision was based on the evidence presented that the agreement was not only procedurally sound but also substantively fair and beneficial to the employees involved.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established