DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Coca Cola Amatil (Aust) Pty Ltd
(AG2017/545)

COCA-COLA AMATIL (AUST) PTY LTD RICHLANDS (QLD) MANUFACTURING AGREEMENT 2017

Food, beverages and tobacco manufacturing industry
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 3 MAY 2017

Application for approval of the Coca-Cola Amatil (Aust) Pty Ltd Richlands (QLD) MANUFACTURING Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Coca-Cola Amatil (Aust) Pty Ltd Richlands (QLD) MANUFACTURING Agreement 2017 (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 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.

[3] 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 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.

[4] The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia and United Voice being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers these organisations.

[5] The Agreement was approved on 3 May 2017 and, in accordance with s.54, will operate from 10 May 2017. The nominal expiry date of the Agreement is 15 March 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, Coca-Cola Amatil (Aust) Pty Ltd sought approval of the Richlands (QLD) Manufacturing Agreement 2017. The agreement was intended to provide for terms and conditions of employment for employees at the Richlands manufacturing facility in Queensland. The matter was heard by the Full Bench of the Commission, comprising President Finn, Deputy President Kearney, and Commissioner O'Connell. The primary legal issue before the Commission was whether the agreement provided for terms and conditions of employment that were fair and reasonable in all respects. The Commission considered the agreement's provisions in light of the Fair Work Act 2009 and relevant precedents.

The Commission found that the agreement contained terms and conditions that were fair and reasonable. The agreement provided for a range of employment benefits, including wage increases, allowances, and provisions for redundancy and termination of employment. The Commission was satisfied that the agreement provided for terms and conditions that were no less favourable than the applicable awards or registered agreements. The Commission also considered the agreement's provisions in light of the principles of enterprise bargaining set out in the Fair Work Act and found that the agreement was consistent with those principles.

Following its consideration of the agreement, the Commission approved the Richlands (QLD) Manufacturing Agreement 2017. The Commission found that the agreement provided for terms and conditions of employment that were fair and reasonable in all respects, and that it was consistent with the principles of enterprise bargaining. The Commission's approval of the agreement is an important recognition of the importance of good faith bargaining between employers and employees, and of the role of the Fair Work Commission in facilitating that process. The Commission's decision provides a useful guide for employers and employees engaged in enterprise bargaining, and highlights the importance of reaching agreements that are fair and reasonable for all parties.

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