Coca-Cola Amatil (Aust) Pty Ltd

[2019] FWCA 6950

[2019] FWCA 6950

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Coca-Cola Amatil (Aust) Pty Ltd
(AG2019/2940)

COCA-COLA AMATIL (AUST) PTY LTD EQUIPMENT SERVICE (NSW WORKSHOP) ENTERPRISE AGREEMENT 2019-2022

Electrical contracting industry
DEPUTY PRESIDENT BULL	SYDNEY, 9 OCTOBER 2019

Application for approval of the Coca-Cola Amatil (Aust) Pty Ltd Equipment Service (NSW Workshop) Enterprise Agreement 2019-2022.

[1] An application has been filed by Coca-Cola Amatil (Aust) Pty Ltd(the applicant) for the approval of an enterprise agreement known as the Coca-Cola Amatil (Aust) Pty Ltd Equipment Service (NSW Workshop) Enterprise Agreement 2019-2022 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement as per s.172(2) of the Act.

[2] Following issues being raised with the employer by the Commission, the employer provided undertakings regarding pay rates for employees working an afternoon shift which does not continue for at least 5 consecutive rostered shifts, and regarding pay rates for employees working on a prescribed public holiday.

[3] A copy of the undertakings is attached at the end of the Agreement. I am satisfied pursuant to s.190(3) of the Act that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial change to the Agreement. Pursuant to s.201(3) of the Act, I note that the undertakings are taken to be terms of the Agreement.

[4] 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.

[5] The Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union (AMWU) 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 the AMWU. The AMWU’s views were sought regarding the undertakings proffered by the employer.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 days from the date of approval. The nominal expiry date of the Agreement is 15 August 2022.

DEPUTY PRESIDENT

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