Application for approval of the Asahi Beverages Huntingwood Enterprise Agreement 2025

[1] An application has been made for approval of an enterprise agreement known as the Asahi Beverages Huntingwood Enterprise Agreement 2025 (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 Pty Ltd. The Agreement is a single enterprise agreement.

[2] 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. The undertakings are taken to be a term of 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] 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) I note that the Agreement covers the organisation.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 23 October 2025. The nominal expiry date of the Agreement is 18 February 2029.

[6] I note that the Agreement is replacing the Asahi Beverages Huntingwood Enterprise Agreement 2023 [AE522393] which is subject to a regulated labour hire arrangement order (Order).[1] Pursuant to s.58(2), the previous agreement will cease to apply from 23 October 2025, which is the date that the Agreement will come into operation. The Applicant and the UWU have provided submissions that regulated employees covered by the Order would, if employed by Asahi Beverages Pty Ltd, be covered by the Agreement.

[7] I am satisfied the requirements of s.306EB have been met and the Order will have effect (and may be dealt with) as if the Agreement were the host employment instrument covered by the Order from 23 October 2025.

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