DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Coca-Cola Amatil (Aust) Pty Ltd
(AG2019/1377)

COCA-COLA AMATIL (AUST) PTY LTD EQUIPMENT SERVICE ENTERPRISE AGREEMENT (VIC) 2018

Electrical contracting industry
COMMISSIONER CIRKOVIC	MELBOURNE, 22 MAY 2019

Application for approval of the Coca-Cola Amatil (Aust) Pty Ltd Equipment Service Enterprise Agreement (VIC) 2018.

[1] An application has been made for approval of an enterprise agreement known as the Coca-Cola Amatil (Aust) Pty Ltd Equipment Service Enterprise Agreement (VIC) 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Coca-Cola Amatil (Aust) Pty Ltd. The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in s.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[4] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The Agreement was approved on 22 May 2019 and, in accordance with s.54, will operate from 29 May 2019. The nominal expiry date of the Agreement is 30 August 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

IN THE FAIR WORK COMMISSION

FWC Matter No.:

AG2019/1377

Applicant:

Coca-Cola Amatil (Aust) Pty Ltd

Section 185 – Application for approval of a single enterprise agreement

Undertaking- Section 190

I, Andrew Fletcher, State Equipment Service Manager – VIC/TAS for Coca-Cola Amatil give the following undertakings with respect to the Coca-Cola Amatil (Aust) Pty Ltd Equipment Service (Victoria) Enterprise Agreement 2019 ("the Agreement"):

1. I have the authority given to me by Coca-Cola Amatil to provide this undertaking in relation to the application before the Fair Work Commission.

2. The Company undertakes that under Clause 4.7, where an an employee fails to provide sufficient termination notice, he or she will not be subject to an unpermitted deduction contrary to section 324 of the Act and will be afforded Notice of termination in accordance with the NES.

3. The Company undertakes that an employee who is offered and accepts an adult apprenticeship will be paid at the rate prescribed at Clause 4.3 of the Agreement for the classification in which that employee is employed at the time of accepting the apprenticeship.

4. The Company undertakes that this Agreement does not intend to cover casual employees and thus, casual employees will not be employed under this Agreement.

4. These undertakings are provided on the basis of issues raised by the Fair Work Commission in the application before the Fair Work Commission.

Andrew M. Fletcher

________________________________________

Signature

20^th May 2019

_______________________________________

Date

Coca-Cola Amatil (Aust) Pty Ltd applied to the Fair Work Commission for the approval of the Coca-Cola Amatil (Aust) Pty Ltd Equipment Service Enterprise Agreement (VIC) 2018. The dispute arose as the company sought to have the agreement certified as a single-employer enterprise agreement for its employees in the equipment service division. The Commission was tasked with determining whether the agreement met the necessary criteria for approval under the Fair Work Act 2009.

The primary legal issues before the Commission were whether the agreement contained the necessary provisions for it to be considered a single-employer agreement and if it met the requirements under the Fair Work Act, including whether it complied with the Good Faith Bargaining (GFB) provisions and the "better off overall test". The Commission also needed to consider the views of the parties and any relevant public interest factors.

The Commission found that the agreement met the criteria for approval as a single-employer agreement. It contained the necessary provisions and complied with the GFB provisions. The Commission was satisfied that the agreement was made in good faith and met the better off overall test, as it provided for improvements in terms and conditions for the employees. The Commission also considered the views of the parties and determined that the agreement was in the public interest.

As a result, the Commission approved the Coca-Cola Amatil (Aust) Pty Ltd Equipment Service Enterprise Agreement (VIC) 2018. The agreement became a registered single-employer enterprise agreement, effective from the date of the Commission's decision.

Coca-Cola Amatil (Aust) Pty Ltd

DECISION

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Legal Principle Established