Coca-Cola Amatil (Aust) Pty Ltd

[2019] FWCA 5740

[2019] FWCA 5740

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Coca-Cola Amatil (Aust) Pty Ltd
(AG2019/2818)

COCA-COLA AMATIL (AUST.) PTY LTD MOORABBIN MANUFACTURING OPERATIONS ENTERPRISE AGREEMENT 2019

Food, beverages and tobacco manufacturing industry
DEPUTY PRESIDENT MANSINI	MELBOURNE, 19 AUGUST 2019

Application for approval of the Coca-Cola Amatil (Aust.) Pty Ltd Moorabbin Manufacturing Operations Enterprise Agreement 2019.

[1] Coca-Cola Amatil (Aust.) Pty Ltd has applied for approval of a single enterprise agreement known as the Coca-Cola Amatil (Aust.) Pty Ltd Moorabbin Manufacturing Operations Enterprise Agreement 2019 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (Cth) (the Act).

[2] After the application was made, an amended statutory declaration was filed to correct some typographical errors. In the circumstances, I am satisfied that the amended application should be allowed and that is appropriate to do so in accordance with s.586 of the Act.

[3] Noting clause 3 of the Agreement, I am also satisfied that the more beneficial entitlements of the National Employment Standards in the Act (NES) will prevail where there is an inconsistency between the Agreement and the NES.

[4] On the basis of the material contained in the amended application and related materials, I consider that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[5] United Voice, being a bargaining representative for the Agreement, has given notice under s.183 of the Act. In accordance with s.201(2) I note that the Agreement covers this organisation.

[6] The Agreement was approved on 19 August 2019 and, in accordance with s.54, will operate from 26 August 2019. The nominal expiry date of the Agreement is 30 June 2023.

DEPUTY PRESIDENT

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