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

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Coca-Cola Amatil (Aust) Pty Ltd applied to the Fair Work Commission for approval of the Coca-Cola Amatil (Aust.) Pty Ltd Moorabbin Manufacturing Operations Enterprise Agreement 2019. The applicant sought to have the agreement registered with the Fair Work Commission. The dispute centred around whether the agreement met the necessary criteria under the Fair Work Act 2009 to be approved and registered by the Fair Work Commission.

The legal issues before the court were whether the agreement contained the necessary provisions to ensure it was free from prohibited content, whether it complied with the process provisions, and whether it met the good faith bargaining requirement. The court was required to determine if the agreement contained any terms that were prohibited by the Fair Work Act, if the process followed to create the agreement was appropriate, and if the parties had genuinely attempted to reach an agreement through good faith bargaining.

The Fair Work Commission found that the agreement was free from prohibited content, complied with the process provisions, and met the good faith bargaining requirement. The court noted that the agreement contained all the necessary provisions to ensure it met the requirements of the Fair Work Act. The Commission found that the process followed to create the agreement was appropriate and that the parties had genuinely attempted to reach an agreement through good faith bargaining. The court was satisfied that the agreement met all the necessary criteria and approved the agreement for registration.

The Fair Work Commission approved the Coca-Cola Amatil (Aust.) Pty Ltd Moorabbin Manufacturing Operations Enterprise Agreement 2019 for registration. The agreement was registered with the Fair Work Commission, and the dispute was resolved.

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