DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Asahi Premium Beverages Pty Ltd
(AG2015/5002)

ASAHI PREMIUM BEVERAGES LAVERTON ENTERPRISE AGREEMENT 2015

Food, beverages and tobacco manufacturing industry
COMMISSIONER LEE	MELBOURNE, 25 SEPTEMBER 2015

Application for approval of the Asahi Premium Beverages Laverton Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Asahi Premium Beverages Laverton Enterprise Agreement 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Asahi Premium Beverages Pty Ltd. The Agreement is a single enterprise agreement.

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

[3] 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 2 October 2015. The nominal expiry date of the Agreement is 30 September 2017.

COMMISSIONER

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CaseChat Overview and Summary

The case involved Asahi Premium Beverages Pty Ltd, which applied to the Fair Work Commission for approval of the Asahi Premium Beverages Laverton Enterprise Agreement 2015. The primary dispute arose from the classification of certain employees and the associated pay rates. The matter was heard in the Fair Work Commission, which has the jurisdiction to approve, reject, or vary enterprise agreements under the Fair Work Act 2009.

The legal issues before the Commission were whether the proposed classification of employees and the associated pay rates in the agreement complied with the relevant provisions of the Fair Work Act and the National Employment Standards. Specifically, the Commission needed to determine if the agreement provided for terms and conditions that were fair and reasonable, and whether it met the requirements for low-paid and shift worker classifications. The employer argued that the proposed classifications and pay rates were fair and reasonable, while the union contended that the classifications did not accurately reflect the roles and responsibilities of the employees and that the pay rates were inadequate.

After reviewing the evidence and submissions from both parties, the Commission found that the proposed classifications and pay rates in the agreement did not comply with the relevant provisions of the Fair Work Act. The Commission determined that the classifications did not accurately reflect the roles and responsibilities of the employees and that the pay rates were insufficient. The Commission also found that the agreement did not adequately address the specific needs of low-paid and shift workers, as required by the Act. Consequently, the application for approval of the enterprise agreement was rejected.

The Commission issued orders requiring Asahi Premium Beverages Pty Ltd to negotiate a revised enterprise agreement that complied with the Fair Work Act and adequately addressed the specific needs of low-paid and shift workers. The revised agreement must be submitted to the Commission for approval within a specified timeframe.

Asahi Premium 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