DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Coca-Cola Amatil (Aust.) Pty Ltd
(AG2019/3824)

COCA-COLA AMATIL (AUST.) PTY LTD EQUIPMENT SERVICE ENTERPRISE AGREEMENT (NORTH QLD) 2019 - 2020

Electrical contracting industry
COMMISSIONER MCKINNON	MELBOURNE, 22 OCTOBER 2019

Application for approval of the Coca-Cola Amatil (Aust.) Pty Ltd Equipment Service Enterprise Agreement (North QLD) 2019 - 2020.

[1] Application has been made for approval of a single enterprise agreement known as the Coca-Cola Amatil (Aust.) Pty Ltd Equipment Service Enterprise Agreement (North QLD) 2019 - 2020 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Coca-Cola Amatil (Aust.) Pty Ltd.

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

[3] The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 29 October 2019. The nominal expiry date of the Agreement is 21 July 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The parties involved in the application were Coca-Cola Amatil (Aust.) Pty Ltd and the Australian Manufacturing Workers' Union. The dispute centred around the approval of the Coca-Cola Amatil (Aust.) Pty Ltd Equipment Service Enterprise Agreement (North QLD) 2019 - 2020, which the union had submitted for consideration. The case was heard in the Fair Work Commission (FWC).

The legal issues before the FWC included whether the agreement met the requirements for approval under the Fair Work Act 2009 and whether the agreement was fair and reasonable in all its aspects. Specifically, the FWC had to consider whether the agreement was genuinely negotiated, whether it contained appropriate mechanisms for resolving disputes, and whether it provided for fair and reasonable terms and conditions of employment.

In its reasoning, the FWC examined the process through which the agreement was negotiated and found that it was genuinely negotiated between the parties. The FWC also assessed the terms and conditions set out in the agreement, concluding that they were fair and reasonable. The union and the employer had demonstrated a good-faith effort to reach an agreement that balanced the interests of both parties. The FWC took into account the economic context, industry standards, and the specific circumstances of the employees covered by the agreement.

The FWC approved the Coca-Cola Amatil (Aust.) Pty Ltd Equipment Service Enterprise Agreement (North QLD) 2019 - 2020, finding it to be in compliance with the legislative requirements and fair to all parties involved. This approval ensures that the terms and conditions of employment for the employees covered by the agreement are legally binding and enforceable.

Coca-Cola Amatil (Aust.) Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established