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austlii:cth/FWCA/2020/5470
procedural. The Agreement was approved and will operate from 7 days after the date of approval, with a nominal expiry date of 31 August 2023.
The Fair Work Commission approved an enterprise agreement for Asahi Beverages. The Commissioner identified a potential problem with a clause requiring employees to notify the company before taking personal leave, which seemed stricter than the law allows. However, this was fixed by another clause in the agreement that ensures the legal minimum standards apply. The United Workers' Union will be covered by the agreement. The agreement was approved to start 7 days after the decision and expires in August 2023.
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1 cited instrument linked from this judgment.
s.185 - Enterprise agreement
Asahi Beverages Pty Ltd T/A Asahi Beverages Pty Ltd
ASAHI BEVERAGES WINGFIELD ENTERPRISE AGREEMENT 2020
Application for approval of the Asahi Beverages Wingfield Enterprise Agreement 2020.
[1] An application has been made for approval of an enterprise agreement known as the Asahi Beverages Wingfield Enterprise Agreement 2020 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act) by Asahi Beverages Pty Ltd T/A Asahi Beverages Pty Ltd (the Applicant). The agreement is a single enterprise agreement.
[2] The matter was allocated to my Chambers on 13 October 2020.
[3] Clause 19.2 (employee to notify company of personal/carer's leave) appears to be inconsistent with s.107 of the Act. This defect is remedied by the National Employment Standards (NES) precedence clause in Clause 5 which will have the effect of requiring that the notice given by an employee may be at a time after the leave has started.
[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) of the Act I note that the Agreement covers this organisation.
[5] I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act as are relevant to this application for approval have been met.
[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 days after the date of approval of the Agreement. The nominal expiry date is 31 August 2023.
Printed by authority of the Commonwealth Government Printer
The Agreement was approved and will operate from 7 days after the date of approval, with a nominal expiry date of 31 August 2023.