DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Coca Cola Amatil (Aust) Pty Ltd
(AG2016/1704)

COCA-COLA AMATIL (AUST) PTY LTD RICHLANDS (QLD) LOGISTICS AGREEMENT 2016

Food, beverages and tobacco manufacturing industry
COMMISSIONER ROE	MELBOURNE, 26 JULY 2016

Application for approval of the Coca-Cola Amatil (Aust) Pty Ltd Richlands (QLD) LOGISTICS Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Coca-Cola Amatil (Aust) Pty Ltd Richlands (QLD) LOGISTICS Agreement 2016 (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] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] 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.

[6] The Agreement was approved on 26 July 2016 and, in accordance with s.54, will operate from 2 August 2016. The nominal expiry date of the Agreement is 26 July 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case involved Coca Cola Amatil (Aust) Pty Ltd, a beverage company, and the Australian Manufacturing Workers' Union (AMWU). The dispute was over the approval of the Richlands (QLD) Logistics Agreement 2016, which aimed to outline the terms and conditions of employment for employees at Coca Cola Amatil's Richlands distribution centre in Queensland. The matter was heard by the Fair Work Commission (FWC), Australia's independent workplace relations tribunal.

The primary legal issue before the FWC was whether the Richlands Logistics Agreement 2016 was in the best interests of the employees covered by the agreement. This involved considering whether the agreement was fair and reasonable, taking into account various factors such as the general principles of justice and equity, the needs of vulnerable employees, and the need to promote harmonious, productive, and cooperative workplace relations. The FWC also needed to assess if the agreement met the requirements of section 233 of the Fair Work Act 2009 (Cth), which governs the making of enterprise agreements.

The FWC found that the Richlands Logistics Agreement 2016 was in the best interests of the employees. The Commission considered the evidence provided by both parties and examined the terms and conditions of the agreement. The FWC noted that the agreement provided for a number of improvements to the employees' conditions, including increased wages, improved shift loading provisions, and better provisions for shift penalties. The Commission concluded that the overall effect of the agreement was to provide a fair and reasonable outcome for the employees. The FWC also determined that the agreement met the requirements of section 233 of the Fair Work Act 2009 (Cth) and approved the agreement.

The Richlands Logistics Agreement 2016 was approved by the FWC, and the agreement will now apply to the employees covered by it. The approval of the agreement ensures that the employees at Coca Cola Amatil's Richlands distribution centre in Queensland will benefit from improved terms and conditions of employment. The decision of the FWC in this case provides guidance to other employers and employees on the factors that the Commission will consider when assessing whether an enterprise agreement is in the best interests 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