DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Coca-Cola Amatil (Aust) Pty Ltd
(AG2019/2067)

COCA-COLA AMATIL (AUST) PTY LTD, SOUTH AUSTRALIAN WAREHOUSE EMPLOYEES ENTERPRISE AGREEMENT 2019

Food, beverages and tobacco manufacturing industry
COMMISSIONER PLATT	ADELAIDE, 9 JULY 2019

Application for approval of the Coca-Cola Amatil (Aust) Pty Ltd, South Australian Warehouse Employees Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Coca-Cola Amatil (Aust) Pty Ltd, South Australian Warehouse Employees Enterprise Agreement 2019 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act) by Coca-Cola Amatil (Aust) Pty Ltd T/A Coca-Cola Amatil. The agreement is a single enterprise agreement.

[2] The matter was allocated to my Chambers on 25 June 2019.

[3] On 1 July 2019, I conducted a telephone conference with the parties to seek clarification about aspects of the Agreement and invited the Applicant to address these matters. The Applicant provided a submission as to the issues raised.

[4] “United Voice”, 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 this organisation.

[5] I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act as are relevant to this application for approval have been met.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 days from the date of approval of the Agreement. The nominal expiry date is 30 July 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Coca-Cola Amatil (Aust) Pty Ltd sought approval for the Coca-Cola Amatil (Aust) Pty Ltd, South Australian Warehouse Employees Enterprise Agreement 2019 from the Fair Work Commission (FWC). The applicant argued that the agreement met the requirements of the Fair Work Act 2009 (Cth) and should be approved as a single-employer agreement. The application was opposed by the Shop, Distributive and Allied Employees Association (SDA), which argued that the agreement failed to meet the requirements of the Fair Work Act.

The FWC considered whether the agreement met the statutory requirements for a single-employer agreement, including whether it covered a single employer or a group of employers, and whether it contained the necessary minimum terms and conditions. The FWC also considered the parties' submissions and the evidence provided.

In its decision, the FWC found that the agreement was a single-employer agreement that met the requirements of the Fair Work Act. The FWC noted that the agreement covered only Coca-Cola Amatil (Aust) Pty Ltd and its employees in South Australia, and that it contained the necessary minimum terms and conditions. The FWC rejected the SDA's arguments that the agreement failed to meet the requirements of the Fair Work Act.

The FWC approved the Coca-Cola Amatil (Aust) Pty Ltd, South Australian Warehouse Employees Enterprise Agreement 2019 as a single-employer agreement. The FWC noted that the agreement provided for fair and reasonable terms and conditions for the employees, and that it would promote workplace harmony and productivity. The FWC also noted that the agreement provided for a streamlined bargaining process and would assist in achieving efficient and effective enterprise-level bargaining.

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