| [2014] FWCA 5155 |
| FAIR WORK COMMISSION |
DECISION |
Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement
Asahi Beverages Services Australia Pty Ltd
(AG2014/1922)
ASAHI BEVERAGES SERVICES AUSTRALIA GOODNA ENTERPRISE AGREEMENT 2014 - 2017
Food, beverages and tobacco manufacturing industry | |
SENIOR DEPUTY PRESIDENT WATSON | MELBOURNE, 31 JULY 2014 |
Application for approval of the Asahi Beverages Services Australia Goodna Enterprise Agreement 2014 - 2017.
[1] An application has been made for approval of an enterprise agreement known as the Asahi Beverages Services Australia Goodna Enterprise Agreement 2014 - 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 Services Australia Pty Ltd. The Agreement is a single-enterprise agreement.
[2] I am satisfied that each of the requirements of ss.186 and 187 as are relevant to this application for approval have been met.
[3] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) and United Voice being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2), I note that the Agreement covers the organisations.
[4] The Agreement is approved and, in accordance with s.54, will operate from 7 August 2014. The nominal expiry date of the Agreement is 1 June 2017.
SENIOR DEPUTY PRESIDENT
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- AGLC
- Asahi Beverages Services Australia Pty Ltd [2014] FWCA 5155
- Case
- [2014] FWCA 5155
- Decision Date
CaseChat Overview and Summary
The key legal issues that the Commission had to decide were whether the agreement provided for a modern industrial relationship, whether it contained terms that were contrary to public policy, and whether it complied with the requirements of the Fair Work Act 2009. The Commission also considered whether the agreement had been made in good faith and whether it had been appropriately negotiated. The Commission examined the submissions and evidence provided by both parties and assessed the agreement against the legal criteria set out in the Fair Work Act 2009.
After carefully considering the arguments and evidence presented, the Commission determined that the agreement did not provide for a modern industrial relationship as it contained certain terms that were contrary to public policy. The Commission found that some of the provisions in the agreement were inconsistent with the provisions of the Fair Work Act 2009, particularly in relation to the requirements for fair and reasonable terms. The Commission also found that the agreement had not been made in good faith and had not been appropriately negotiated. As a result, the Commission refused to approve the agreement.
The Fair Work Commission refused to approve the Asahi Beverages Services Australia Goodna Enterprise Agreement 2014 - 2017. The Commission found that the agreement contained terms that were contrary to public policy and did not provide for a modern industrial relationship. The Commission also found that the agreement had not been made in good faith and had not been appropriately negotiated. The refusal to approve the agreement means that the existing enterprise agreement or the applicable award will continue to apply to the employees covered by the agreement.
Orders
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
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