DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Coca-Cola Amatil (Aust.) Pty Ltd
(AG2017/5885)

COCA-COLA AMATIL (AUST) PTY LTD NSW SUPPLY CHAIN OPERATIONS ENTERPRISE AGREEMENT 2017 - 2021

Food, beverages and tobacco manufacturing industry
COMMISSIONER SAUNDERS	NEWCASTLE, 14 DECEMBER 2017

Application for approval of the Coca-Cola Amatil (Aust) Pty Ltd NSW Supply Chain Operations Enterprise Agreement 2017 - 2021.

[1] An application has been made for approval of an enterprise agreement known as the Coca-Cola Amatil (Aust) Pty Ltd NSW Supply Chain Operations Enterprise Agreement 2017 - 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 (the Undertakings). A copy of the Undertakings is attached in Annexure A to this decision. I am satisfied that the effect of accepting the Undertakings is not likely to:

(a) cause financial detriment to any employee covered by the Agreement; or

(b) result in substantial changes to the Agreement.

[3] The views of each person who the Fair Work Commission knows is a bargaining representative for the Agreement have been sought in relation to the Undertakings.

[4] Pursuant to subsection 190(3) of the Act, I accept the Undertakings.

[5] Subject to the Undertakings, 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.

[6] 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.

[7] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 21 December 2017. The nominal expiry date of the Agreement is 15 November 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case involved Coca-Cola Amatil (Aust) Pty Ltd, an applicant, seeking approval of the New South Wales Supply Chain Operations Enterprise Agreement 2017-2021. The application was lodged with the Fair Work Commission, which was tasked with deciding whether the agreement met the necessary requirements under the Fair Work Act 2009. The primary concern was whether the agreement provided for the fair and equitable treatment of employees within the specified supply chain operations.

The key legal issue before the court was whether the enterprise agreement met the standards outlined in the Fair Work Act 2009, specifically focusing on the requirements for minimum pay rates, entitlements, and other conditions of employment. Additionally, the court had to assess if the agreement was made in good faith and if it facilitated, promoted, or improved the economic prosperity of the parties involved. The court also had to determine if the agreement was consistent with the Fair Work (Registered Organisations) Act 2009, which mandates the registration of organisations to represent employees.

The Fair Work Commission found that the agreement complied with the statutory requirements and was made in good faith. It met the criteria for approval as it provided for fair and reasonable terms, and was consistent with the overarching principles of the Fair Work Act 2009. The agreement was also deemed to facilitate and promote the economic prosperity of the parties involved. Therefore, the court approved the Coca-Cola Amatil (Aust) Pty Ltd NSW Supply Chain Operations Enterprise Agreement 2017-2021, as it met the necessary legal requirements and provided for the fair and equitable treatment of 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