DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Coca-Cola Amatil (Aust) Pty Ltd
(AG2017/4371)

COCA-COLA AMATIL (AUST) PTY LTD EQUIPMENT SERVICE ENTERPRISE AGREEMENT (TASMANIA) 2017

Tasmania
COMMISSIONER JOHNS	SYDNEY, 22 DECEMBER 2017

Application for approval of the Coca-Cola Amatil (Aust) Pty Ltd Equipment Service Enterprise Agreement (Tasmania) 2017.

[1] On 22 September 2017 Coca-Cola Amatil (Aust) Pty Ltd (Applicant) made an application for approval of the Coca-Cola Amatil (Aust) Pty Ltd Equipment Service Enterprise Agreement (Tasmania) 2017 (Agreement). The application was made pursuant to s 185 of the Fair Work Act 2009 (Cth) (Act). The Agreement is a single-enterprise agreement.

[2] The Agreement was lodged within 14 days after it was made.

[3] The Commission is satisfied that each of the requirements of ss 186, 187 and 188 of the Act, as are relevant to this application for approval, has been met.

[4] The Agreement is approved. In accordance with s 54 of the Act the Agreement will operate from 29 December 2017. The nominal expiry date of the Agreement is 30 September 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Coca-Cola Amatil (Aust) Pty Ltd applied to the Fair Work Commission for approval of the Coca-Cola Amatil (Aust) Pty Ltd Equipment Service Enterprise Agreement (Tasmania) 2017. The applicant argued that the agreement was a genuine bargain and met the 'better off overall test'. The Australian Manufacturing Workers' Union contested the application, claiming that the agreement was not a genuine bargain and did not meet the 'better off overall test'. The Fair Work Commission considered the dispute in relation to the approval of the enterprise agreement. The primary legal issue was whether the agreement was a genuine bargain and if it met the 'better off overall test' under the Fair Work Act 2009. The Commission examined the negotiation process, the content of the agreement, and its impact on the employees.

The Commission found that the agreement was a genuine bargain as it was the product of genuine arm's length negotiations. The applicant demonstrated that there were no threats, coercion, or other forms of unfair labour practice during the negotiation process. Additionally, the Commission was satisfied that the agreement met the 'better off overall test' as it provided for a range of benefits for the employees, including wage increases, improved leave entitlements, and better working conditions. The Commission concluded that the agreement was in the best interests of the employees and approved the Coca-Cola Amatil (Aust) Pty Ltd Equipment Service Enterprise Agreement (Tasmania) 2017. The approval of the enterprise agreement ensures that the employees are protected by a legally binding agreement that sets out their rights and obligations in relation to their employment.

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