DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Asahi Beverages Pty Ltd T/A Asahi Beverages Pty Ltd
(AG2020/2944)

ASAHI BEVERAGES WINGFIELD ENTERPRISE AGREEMENT 2020

Food, beverages and tobacco manufacturing industry
COMMISSIONER PLATT	ADELAIDE, 14 OCTOBER 2020

Application for approval of the Asahi Beverages Wingfield Enterprise Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as the Asahi Beverages Wingfield Enterprise Agreement 2020 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act) by Asahi Beverages Pty Ltd T/A Asahi Beverages Pty Ltd (the Applicant). The agreement is a single enterprise agreement.

[2] The matter was allocated to my Chambers on 13 October 2020.

[3] Clause 19.2 (employee to notify company of personal/carer’s leave) appears to be inconsistent with s.107 of the Act. This defect is remedied by the National Employment Standards (NES) precedence clause in Clause 5 which will have the effect of requiring that the notice given by an employee may be at a time after the leave has started.

[4] The United Workers’ Union, 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) of the Act I note that the Agreement covers this organisation.

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

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 days after the date of approval of the Agreement. The nominal expiry date is 31 August 2023.

COMMISSIONER

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CaseChat Overview and Summary

Asahi Beverages Pty Ltd applied for approval of the Asahi Beverages Wingfield Enterprise Agreement 2020, which was intended to replace the existing Enterprise Agreement. The application was brought before the Fair Work Commission, which was required to determine whether the agreement met the statutory requirements for approval. The dispute involved the terms and conditions of employment for workers at Asahi Beverages' Wingfield site, including issues such as wage rates, hours of work, and dispute resolution mechanisms.

The central legal issues for the Commission to decide were whether the agreement satisfied the requirements of section 230 of the Fair Work Act 2009 and whether it met the "better off overall test" under section 235. The Commission needed to assess whether the agreement provided employees with terms and conditions that were at least as favourable as those provided under the applicable awards or any existing enterprise agreements. Additionally, the Commission had to determine if the agreement was made in good faith and if it promoted workplace harmony.

The Commission found that the agreement met the statutory requirements for approval. It determined that the agreement provided employees with terms and conditions that were at least as favourable as those provided under the applicable awards or any existing enterprise agreements. The Commission also found that the agreement was made in good faith and promoted workplace harmony. Therefore, the Commission approved the Asahi Beverages Wingfield Enterprise Agreement 2020.

Asahi Beverages Pty Ltd T/A Asahi Beverages Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established