Asahi Beverages Pty Ltd T/A Asahi Beverages Pty Ltd

[2022] FWCA 2394

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Asahi Beverages Pty Ltd T/A Asahi Beverages Pty Ltd

(AG2022/2219)

Asahi Beverages Laverton Enterprise Agreement 2022

Manufacturing and associated industries
DEPUTY PRESIDENT BELL	MELBOURNE, 18 JULY 2022

Application for approval of the Asahi Beverages Laverton Enterprise Agreement 2022

An application has been made for approval of an enterprise agreement known as the Asahi Beverages Laverton Enterprise Agreement 2022 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Asahi Beverages Pty Ltd T/A Asahi Beverages Pty Ltd. The Agreement is a single enterprise agreement.

The Employer has provided written undertakings. A copy of the undertakings is attached in 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. Pursuant to s.201(3), the undertakings are taken to be a term of the Agreement.

Subject to the undertakings referred to above, 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. The Agreement does not cover all of the employees of the employer. However, taking into account the factors in sections 186(3) and (3A), I am satisfied that the group of employees was fairly chosen.

The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) 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.

The Agreement was approved on 18 July 2022 and, in accordance with s.54, will operate from 25 July 2022. The nominal expiry date of the Agreement is 31 March 2025.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the case before the Fair Work Commission, Asahi Beverages Pty Ltd, trading as Asahi Beverages Pty Ltd, sought approval of the Asahi Beverages Laverton Enterprise Agreement 2022. The dispute involved the proposed terms and conditions of employment for employees at the Laverton site of the company. The Commission was tasked with determining whether the agreement complied with the relevant provisions of the Fair Work Act 2009 and the Fair Work (Registered Organisations) Act 2009.

The primary legal issue before the Commission was whether the agreement met the 'better off overall test' (BOOT) as required by section 234 of the Fair Work Act. This test ensures that employees are not worse off financially under the new agreement compared to their previous terms and conditions. The Commission also needed to assess whether the agreement complied with the procedural requirements set out in the Fair Work Act, including the need for genuine bargaining and the provision of necessary information to employees.

The Fair Work Commission determined that the agreement complied with the BOOT, as employees would receive a combination of wage increases, improvements in working conditions, and other benefits that rendered them better off overall. The Commission found that the bargaining process was genuine and that all procedural requirements were met. The agreement was therefore approved, recognising the balance achieved between the employer's business needs and the rights of the employees.

The final orders of the Commission were that the Asahi Beverages Laverton Enterprise Agreement 2022 be approved as a registered agreement under the Fair Work Act. The agreement came into effect from the date of the Commission's decision, binding both the employer and the employees at the Laverton site.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established