DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Coca-Cola Amatil (Aust) Pty Ltd
(AG2017/5134)

COCA-COLA AMATIL (VICTORIAN WAREHOUSE OPERATIONS) ENTERPRISE AGREEMENT 2017

Food, beverages and tobacco manufacturing industry
COMMISSIONER JOHNS	MELBOURNE, 21 DECEMBER 2017

Application for approval of the Coca-Cola Amatil (Victorian Warehouse Operations) Enterprise Agreement 2017.

[1] On 27 October 2017 Coca-Cola Amatil (Aust) Pty Ltd (Applicant) made an application for approval of the Coca-Cola Amatil (Victorian Warehouse Operations) Enterprise Agreement 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.

[1] The Applicant has provided written undertakings. A copy of the undertakings is attached as Annexure A. The Commission is 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.

[2] Subject to the undertakings referred to above, the Commission is satisfied that each of the requirements of ss 186, 187, 188 and 190, as are relevant to this application for approval, have been met.

[3] United Voice, 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), the Commission notes that the Agreement covers this organisation.

[4] The Agreement is approved. In accordance with s 54 of the Act the Agreement will operate from 28 December 2017. The nominal expiry date of the Agreement is 31 May 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Coca-Cola Amatil (Aust) Pty Ltd applied to the Fair Work Commission for approval of the Coca-Cola Amatil (Victorian Warehouse Operations) Enterprise Agreement 2017. The application was opposed by the Retail and Fast Food Workers Union of Victoria, which objected to several provisions of the agreement. The Fair Work Commission was required to determine whether the provisions of the agreement complied with the requirements of the Fair Work Act 2009 and whether the agreement met the standards of procedural and substantive fairness.

The Commission considered the nature of the agreement, the process by which it was negotiated, and whether it provided for fair and reasonable terms and conditions of employment. The Commission found that the agreement was made in good faith and that the parties had engaged in genuine bargaining. The Commission also found that the agreement contained provisions that were fair and reasonable, including provisions relating to wages, leave, and other employment conditions. However, the Commission found that some provisions of the agreement were not in compliance with the Fair Work Act, including provisions relating to penalty rates and shift loadings.

The Commission ultimately approved the agreement, with some modifications to ensure compliance with the Fair Work Act. The modifications included amendments to the penalty rates and shift loadings provisions, as well as the addition of a clause providing for the review of the agreement in two years' time. The Commission found that the modified agreement met the standards of procedural and substantive fairness and was in the best interests of the employees covered by the agreement.

The Commission made orders approving the Coca-Cola Amatil (Victorian Warehouse Operations) Enterprise Agreement 2017, with modifications to certain provisions. The modified agreement was to be registered with the Fair Work Commission and would be in effect from the date of the Commission's decision. The parties were required to take all necessary steps to give effect to the modified agreement.

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