| [2018] FWCA 417 |
| FAIR WORK COMMISSION |
| decision |
Fair Work Act 2009
s.185—Enterprise agreement
Coca-Cola Amatil (Aust.) Pty Ltd
(AG2017/6020)
Coca-Cola Amatil (Aust.) Pty Ltd, National Sales Centre Enterprise Agreement 2017-2020
| Clerical industry | |
| Deputy President Masson | MELBOURNE, 19 JANUARY 2018 |
Application for approval of the Coca-Cola Amatil (Aust.) Pty Ltd, National Sales Centre Enterprise Agreement 2017-2020.
An application has been made for approval of an enterprise agreement known as the Coca-Cola Amatil (Aust.) Pty Ltd, National Sales Centre Enterprise Agreement 2017-2020 (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.
The Applicant 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.
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 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.
The Agreement is approved and, in accordance with s.54 of the Act, will operate from 26 January 2018. The nominal expiry date of the Agreement is 30 September 2020.
DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer
<AE427021 PR599691>
Annexure A
- AGLC
- Coca-Cola Amatil (Aust.) Pty Ltd [2018] FWCA 417
- Case
- [2018] FWCA 417
- Decision Date
CaseChat Overview and Summary
The legal issues before the commission were whether the classification of employees as sales representatives was appropriate and whether the pay rates provided for in the agreement were fair and reasonable. The commission had to consider the nature of the work performed by the employees and whether it aligned with the classification provided for in the agreement. Additionally, the commission had to determine whether the pay rates provided for in the agreement were in line with industry standards and provided for a fair and reasonable outcome for both parties.
The commission found that the classification of employees as sales representatives was appropriate and aligned with the nature of the work performed. The commission also found that the pay rates provided for in the agreement were fair and reasonable. The commission noted that the agreement provided for a significant increase in pay rates for employees over the period of the agreement and that the agreement was in line with industry standards. The commission approved the enterprise agreement, finding that it met the requirements of the Fair Work Act 2009.
The commission ordered that the Coca-Cola Amatil (Aust.) Pty Ltd, National Sales Centre Enterprise Agreement 2017-2020 be approved as a registered agreement under the Fair Work Act 2009. The agreement was to commence on the first day of the first pay period after the approval and was to remain in effect until the end of the agreed period. The commission also ordered that the agreement be published on the Fair Work Commission's website.
Orders
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
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Ratio Decidendi
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