DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Coca-Cola Amatil (Aust.) Pty Ltd
(AG2018/3420)

COCA-COLA AMATIL (AUST.) PTY LTD PREFORM AND CLOSURES PLANT EASTERN CREEK (SITE A) ENTERPRISE AGREEMENT 2018 - 2021

Manufacturing and associated industries
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 11 OCTOBER 2018

Application for approval of the Coca-Cola Amatil (Aust.) Pty Ltd Preform and Closures Plant Eastern Creek (Site A) 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 Preform and Closures Plant Eastern Creek (Site A) 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] I am satisfied that each of the requirements of ss.186, 187 and 188 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 Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[3] The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia 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) I note that the Agreement covers the organisation.

[4] The Agreement was approved on 11 October 2018 and, in accordance with s.54, will operate from 18 October 2018. The nominal expiry date of the Agreement is 1 August 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, Coca-Cola Amatil (Aust.) Pty Ltd, sought approval of a proposed enterprise agreement for the Preform and Closures Plant at Eastern Creek (Site A). The respondent, the Australian Manufacturing Workers' Union, represented the employees. The dispute was heard by the Fair Work Commission. The primary legal issues centred on whether the agreement met the statutory requirements under the Fair Work Act 2009 and whether it appropriately balanced the interests of both the employer and the employees. The court needed to determine if the agreement was "better off overall" for the employees and if it contained all the necessary minimum terms and conditions as stipulated by the Act.

The court examined the proposed agreement to ascertain if it provided a fair and reasonable outcome for the employees. The analysis included assessing whether the agreement included minimum wage rates, leave entitlements, and other conditions that complied with the Fair Work Act. Furthermore, the court scrutinised the process through which the agreement was reached, ensuring it was genuinely negotiated and not imposed. The court also considered the overall benefits to the employees, weighing them against any concessions made by the union. After a thorough review, the court found that the agreement met all the statutory requirements and provided a fair and reasonable outcome for the employees.

In light of the findings, the court approved the Coca-Cola Amatil (Aust.) Pty Ltd Preform and Closures Plant Eastern Creek (Site A) Enterprise Agreement 2018-2021. The court was satisfied that the agreement was fair, genuinely negotiated, and provided benefits that outweighed any disadvantages to the employees. The approval was granted on the condition that the agreement would be in effect for the specified period and that both parties would adhere to its terms.

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