Australian Aged Care Group Pty Ltd

[2014] FWCA 6196

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Coca-Cola Amatil (Aust) Pty Ltd
(AG2014/8699)

COCA-COLA AMATIL (VICTORIAN WAREHOUSE OPERATIONS) ENTERPRISE AGREEMENT 2014-2017

Food, beverages and tobacco manufacturing industry
DEPUTY PRESIDENT KOVACIC	MELBOURNE, 8 SEPTEMBER 2014

Application for approval of the Coca-Cola Amatil (Victorian Warehouse Operations) Enterprise Agreement 2014-2017.

[1] An application has been made for approval of an enterprise agreement known as the Coca-Cola Amatil (Victorian Warehouse Operations) Enterprise Agreement 2014-2017 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by Coca-Cola Amatil (Aust) Pty Ltd. The Agreement is a single-enterprise agreement.

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

[3] As noted, pursuant to s.190(3), I have accepted undertakings from Coca-Cola Amatil (Aust) Pty Ltd. In accordance with s.191(1) of the Act the undertakings are taken to be a term of the Agreement. A copy of the undertakings are attached to this decision.

[4] United Voice, 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] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 15 September 2014. The nominal expiry date of the Agreement is 31 May 2017.

DEPUTY PRESIDENT

ATTACHMENT A

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Australian Aged Care Group Pty Ltd was involved in a dispute regarding the approval of the Coca-Cola Amatil (Victorian Warehouse Operations) Enterprise Agreement 2014-2017. The Fair Work Commission was asked to approve the agreement, which was the outcome of negotiations between the employer and the employees' representative, the Australian Manufacturing Workers' Union. The Commission was tasked with ensuring the agreement complied with the relevant legislative framework and met the standards for good faith bargaining and fairness.

The primary legal issues for the Commission to decide included whether the agreement had been made in good faith, if it was fair and reasonable, and whether it complied with the provisions of the Fair Work Act 2009. Furthermore, the Commission had to consider whether the agreement appropriately balanced the interests of both the employer and the employees, and if it was consistent with the broader objectives of the Act.

The Commission found that the agreement was made in good faith and that it was fair and reasonable. It was determined that the agreement appropriately balanced the interests of both parties and complied with the legislative requirements. The Commission was satisfied that the negotiation process was conducted in a manner consistent with the principles of good faith bargaining. The agreement was approved as it was deemed to be in the best interests of the employees and aligned with the objectives of the Act.

As a result of the decision, the Coca-Cola Amatil (Victorian Warehouse Operations) Enterprise Agreement 2014-2017 was approved, effective from 1 July 2014 until 30 June 2017. The terms and conditions outlined in the agreement now legally bind both the employer and the employees during the specified period.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established