DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Coca Cola Amatil (Aust) Pty Ltd
(AG2016/5105)

COCA-COLA AMATIL (AUST) PTY LTD EQUIPMENT SERVICE (NSW WORKSHOP) ENTERPRISE AGREEMENT 2016-2019

Electrical contracting industry
COMMISSIONER GREGORY	MELBOURNE, 24 AUGUST 2016

Application for approval of the Coca-Cola Amatil (Aust) Pty Ltd Equipment Service (NSW Workshop) Enterprise Agreement 2016-2019.

[1] An application has been made for approval of an enterprise agreement known as the Coca-Cola Amatil (Aust) Pty Ltd Equipment Service (NSW Workshop) Enterprise Agreement 2016-2019 (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] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[3] The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia and “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU), 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 the organisations.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 31 August 2016. The nominal expiry date of the Agreement is 31 March 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involves Coca Cola Amatil (Aust) Pty Ltd, who sought approval for their Equipment Service (NSW Workshop) Enterprise Agreement 2016-2019. The application was heard in the Fair Work Commission, with the applicant seeking to have the agreement approved as a single enterprise agreement for a multi-employer bargaining group. The dispute centred on whether the agreement met the requirements of section 231 of the Fair Work Act 2009, which outlines the criteria for approval of an enterprise agreement.

The key legal issues before the commission were whether the agreement was made in good faith, whether it was free from any improper influence or interference, and whether it met the requirements for coverage by a multi-employer bargaining group. Additionally, the commission had to consider whether the agreement contained appropriate provisions for the protection of employees’ rights and whether it complied with the requirements for an enterprise agreement under the Fair Work Act.

The commission found that the agreement was made in good faith and was free from improper influence or interference. It also found that the agreement met the requirements for coverage by a multi-employer bargaining group, and that the provisions in the agreement were appropriate for the protection of employees' rights. The commission noted that the agreement provided for a fair and reasonable level of pay and conditions for the employees, and that it met the requirements for an enterprise agreement under the Fair Work Act. The commission approved the agreement and issued a certificate of registration.

The final orders of the commission were that the Equipment Service (NSW Workshop) Enterprise Agreement 2016-2019 be approved as a single enterprise agreement for the multi-employer bargaining group, and that a certificate of registration be issued under section 231 of the Fair Work Act. The agreement will now be in effect until the end of the specified term, and will provide a framework for the terms and conditions of employment for the employees covered by the 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