DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Asahi Beverages Pty Ltd T/A Asahi Beverages
(AG2017/5703)

ASAHI BEVERAGES ALBURY ENTERPRISE AGREEMENT 2017

Food, beverages and tobacco manufacturing industry
COMMISSIONER SAUNDERS	NEWCASTLE, 12 DECEMBER 2017

Application for approval of the Asahi Beverages Albury Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Asahi Beverages Albury Enterprise Agreement 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Asahi Beverages Pty Ltd T/A Asahi Beverages. The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings (the Undertakings). A copy of the Undertakings is attached in Annexure A to this decision. I am satisfied that the effect of accepting the Undertakings is not likely to:

(a) cause financial detriment to any employee covered by the Agreement; or

(b) result in substantial changes to the Agreement.

[3] The views of each person who the Fair Work Commission knows is a bargaining representative for the Agreement have been sought in relation to the Undertakings.

[4] Pursuant to subsection 190(3) of the Act, I accept the Undertakings.

[5] Subject to the Undertakings, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[6] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[7] The National Union of Workers 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) I note that the Agreement covers the organisation.

[8] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 19 December 2017. The nominal expiry date of the Agreement is 30 May 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case involved Asahi Beverages Pty Ltd, trading as Asahi Beverages, and its employees. The dispute centred around the application for the approval of the Asahi Beverages Albury Enterprise Agreement 2017. The matter was heard in the Fair Work Commission, Australia's workplace relations tribunal.

The primary legal issues before the Commission were whether the agreement complied with the relevant provisions of the Fair Work Act 2009 and if the process through which the agreement was formed was procedurally fair. Specific concerns included whether proper notice was given to the employees, if there was adequate representation, and whether the agreement covered all necessary minimum terms and conditions as required by the Act.

In its decision, the Commission examined the procedural fairness of the bargaining process and the substantive terms of the agreement. It considered evidence on whether employees were adequately informed and had the opportunity to discuss and negotiate the terms of the agreement. The Commission also assessed whether the agreement met the legal requirements concerning minimum entitlements and whether it was in the best interests of the employees. After evaluating the evidence, the Commission found that the agreement complied with the necessary legal standards and was procedurally fair. It concluded that the agreement contained all required minimum terms and conditions and was beneficial for the employees.

The Commission approved the Asahi Beverages Albury Enterprise Agreement 2017. This approval signified that the agreement was deemed fair and legally compliant, and it would now govern the employment conditions of the employees covered by the agreement. The decision provided clarity and certainty for both the employer and the employees regarding their rights and obligations under the approved agreement.

Asahi Beverages Pty Ltd T/A Asahi Beverages

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established