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

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Coca-Cola Amatil (Aust) Pty Ltd sought approval of its Equipment Service (NSW Workshop) Enterprise Agreement 2019-2022 with the Fair Work Commission. The dispute arose from the company's request to have the agreement approved as a low-paid enterprise agreement under section 233 of the Fair Work Act 2009. The Australian Manufacturing Workers' Union opposed the application on the basis that the agreement did not meet the requirements for approval as a low-paid enterprise agreement.

The legal issue before the Fair Work Commission was whether the agreement met the statutory criteria for approval as a low-paid enterprise agreement. The Commission had to determine whether the agreement provided for a minimum rate of pay and other conditions that were not less favourable than the relevant award or safety net award, and whether the agreement was in the interests of low-paid workers. The Commission also had to consider whether the agreement provided for a proper process for resolving disputes and whether the agreement was consistent with the objects of the Fair Work Act.

The Fair Work Commission found that the agreement met the statutory criteria for approval as a low-paid enterprise agreement. The Commission noted that the agreement provided for a minimum rate of pay that was not less favourable than the relevant award, and that the agreement contained provisions for resolving disputes and protecting workers' rights. The Commission also found that the agreement was in the interests of low-paid workers, as it provided for a proper process for resolving disputes and protected workers' rights. The Commission approved the agreement as a low-paid enterprise agreement under section 233 of the Fair Work Act.

The Fair Work Commission approved the Coca-Cola Amatil (Aust) Pty Ltd Equipment Service (NSW Workshop) Enterprise Agreement 2019-2022 as a low-paid enterprise agreement. The Commission found that the agreement met the statutory criteria for approval, and that it was in the interests of low-paid workers. The agreement now provides a safety net for low-paid workers in the equipment service industry in New South Wales.

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