Coca Cola Amatil (Aust) Pty Ltd Summary

[2016] FWCA 2238

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Coca Cola Amatil (Aust) Pty Ltd

(AG2016/637)

COCA-COLA AMATIL (AUST) PTY LTD RICHLANDS SALES

AGREEMENT 2016

Commercial sales

COMMISSIONER LEE

MELBOURNE, 11 APRIL 2016

Application for approval of the Coca-Cola Amatil (Aust) Pty Ltd Richlands SALES Agreement

2016.

[1] An application has been made for approval of an enterprise agreement known as the

Coca-Cola Amatil (Aust) Pty Ltd Richlands SALES 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 Annexures A and B. 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.

[4] 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.
[2016] FWCA 2238

[5] The Agreement was approved on 11 April 2016 and, in accordance with s.54, will

operate from 18 April 2016. The nominal expiry date of the Agreement is 30 April 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

[2016] FWCA 2238

ANNEXURE A

[2016] FWCA 2238

ANNEXURE B

CaseChat Overview and Summary

Coca Cola Amatil (Aust) Pty Ltd sought approval of an enterprise agreement under the Fair Work Act 2009. The Coca-Cola Amatil (Aust) Pty Ltd Richlands SALES Agreement 2016 was the subject of this application, which was made under section 185 of the Act. The agreement was proposed as a single enterprise agreement covering commercial sales employees. The Fair Work Commission was responsible for evaluating the application and determining whether the agreement met the statutory requirements for approval.

The court had to decide whether the agreement complied with the provisions of sections 186, 187, 188, and 190 of the Fair Work Act 2009. The applicant provided written undertakings to address certain concerns. The court examined these undertakings and was satisfied they would not cause financial detriment to employees or result in substantial changes to the agreement. Additionally, the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, a bargaining representative for the agreement, had expressed its intention for the agreement to cover its members. The court noted that the agreement would cover the union under section 201(2) of the Act.

The Fair Work Commissioner found that the agreement met the requirements for approval and granted the application. The agreement was approved and came into effect on 18 April 2016, with a nominal expiry date of 30 April 2017. The Commissioner also noted that the agreement would be subject to the written undertakings provided by the applicant. The court's decision was based on the applicant's compliance with the statutory requirements and the union's intention for the agreement to cover its members.

Coca Cola Amatil (Aust) Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established