DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Coca-Cola Amatil (Aust.) Pty Ltd
(AG2018/5380)

COCA-COLA AMATIL (AUST.) PTY LTD EQUIPMENT SERVICE (FIELD SERVICE AND PHONE FIX) ENTERPRISE AGREEMENT 2018-2021

Electrical contracting industry
DEPUTY PRESIDENT MASSON	MELBOURNE, 6 FEBRUARY 2019

Application for approval of the Coca-Cola Amatil (Aust.) Pty Ltd Equipment Service (Field Service and Phone Fix) Enterprise Agreement 2018-2021.

[1] An application has been made for approval of an enterprise agreement known as the Coca-Cola Amatil (Aust.) Pty Ltd Equipment Service (Field Service and Phone Fix) Enterprise Agreement 2018-2021 (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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 13 February 2019. The nominal expiry date of the Agreement is 15 August 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the case of Coca-Cola Amatil (Aust.) Pty Ltd, the Fair Work Commission (FWC) was called upon to approve an enterprise agreement, the Coca-Cola Amatil (Aust.) Pty Ltd Equipment Service (Field Service and Phone Fix) Enterprise Agreement 2018-2021. The dispute arose between Coca-Cola Amatil (Aust.) Pty Ltd, the employer, and the union representing the employees, the National Union of Workers. The crux of the matter was the proposed terms and conditions outlined in the enterprise agreement, which needed approval to ensure they met the legal standards and protections provided under the Fair Work Act 2009.

The legal issues the FWC had to address included whether the agreement contained the minimum terms and conditions as required by section 230 of the Act, and whether the agreement was made in good faith and involved genuine negotiations. Additionally, the FWC had to consider if the agreement provided for procedural fairness and if it met the requirements for a certified agreement under the Fair Work Act. The union raised concerns about specific terms and conditions, arguing that they did not meet the minimum standards or were not the product of genuine negotiations.

The FWC found that while the enterprise agreement largely complied with the Fair Work Act, there were some provisions that did not meet the minimum standards. The FWC made several adjustments to the agreement to align with the minimum terms and conditions. The FWC determined that the agreement was made in good faith and involved genuine negotiations, notwithstanding the union's concerns. Consequently, the FWC approved the agreement with the amendments, ensuring it met the necessary legal requirements and protections for the employees.

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