Schweppes Australia Pty Ltd T/A Asahi Beverages
[2017] FWCA 735
•6 FEBRUARY 2017
| [2017] FWCA 735 |
| FAIR WORK COMMISSION |
DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Schweppes Australia Pty Ltd T/A Asahi Beverages
(AG2017/48)
ASAHI BEVERAGES SELLING EQUIPMENT TECHNICAL SERVICES ENTERPRISE AGREEMENT (NSW) 2016 - 2019
Manufacturing and associated industries | |
COMMISSIONER LEE | MELBOURNE, 6 FEBRUARY 2017 |
Application for approval of the Asahi Beverages Selling Equipment Technical Services Enterprise Agreement (NSW) 2016 - 2019.
[1] An application has been made for approval of an enterprise agreement known as the Asahi Beverages Selling Equipment Technical Services Enterprise Agreement (NSW) 2016 - 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Schweppes Australia Pty Ltd T/A Asahi Beverages. The Agreement is a single enterprise agreement.
[2] The Applicant 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.
[3] 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.
[4] 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.
[5] 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.
[6] The Agreement was approved on 6 February 2017 and, in accordance with s.54, will operate from 13 February 2017. The nominal expiry date of the Agreement is 30 September 2019.
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Annexure A
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