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austlii:cth/FWCA/2025/3536
General information, not legal advice.
FWCA
2025-10-24
Original judgment source is linked above.
The attached document replaces the document previously issued with the above code on 24 October 2025.
Title of the Agreement in paragraph [1] amended to reflect what is listed in the Agreement Clause of the Enterprise Agreement.
s.185 - Application for approval of a single-enterprise agreement
ASAHI BEVERAGES EQUIPMENT AND SERVICING (NSW) ENTERPRISE AGREEMENT 2025
Application for approval of the Asahi Beverages Equipment and Servicing (NSW) Enterprise Agreement 2025
[1] An application has been made for approval of an enterprise agreement known as the Asahi Beverages Equipment and Servicing (NSW) 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 Applicant). The Agreement is a single enterprise agreement.
[2] I am satisfied that each of the requirements of ss186, 187 and 188 as is relevant to this application for approval has been met.
[3] I note that Clause 5 of the Agreement provides that where there is an inconsistency between the Agreement and the National Employment Standards (NES) in the Act, the more beneficial entitlements of the NES will prevail. I am satisfied that this Clause is sufficient to resolve any potential inconsistencies with the NES in relation to Clauses 13, 16.1.1-16.1.3, 18.1, and 19 of the Agreement.
[4] The Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union, known as the Australian Manufacturing Workers' Union (AMWU), lodged a Form F18 statutory declaration giving 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 the Agreement covers the AMWU.
[5] The Agreement is approved and will operate in accordance with s.54 of the Act. The nominal expiry date of the Agreement is 30 September 2028.
Printed by authority of the Commonwealth Government Printer