Coca Cola Amatil (Aust) Pty Ltd

[2016] FWCA 1197

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Coca Cola Amatil (Aust) Pty Ltd

(AG2016/278)

COCA-COLA AMATIL (AUST) PTY LTD RICHLANDS (QLD)

MAINTENANCE AGREEMENT 2016

Manufacturing and associated industries

COMMISSIONER ROE

MELBOURNE, 25 FEBRUARY 2016

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

Maintenance 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) Maintenance 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] 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. 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.

[3] 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 1197

[4] The Agreement was approved on 25 February 2016 and, in accordance with s.54, will

operate from 3 March 2016. The nominal expiry date of the Agreement is 30 June 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Coca Cola Amatil (Aust) Pty Ltd, an applicant, applied for the approval of a Maintenance Agreement between the company and Richlands (QLD). The application was made under section 185 of the Fair Work Act 2009. The matter was heard by Commissioner Roe of the Fair Work Commission in Melbourne on 25 February 2016. The Commissioner was required to determine whether the Agreement met the requirements of sections 186, 187 and 188 of the Fair Work Act, and whether it had been fairly chosen by the employees.

The Commissioner was satisfied that the requirements of sections 186, 187 and 188 of the Fair Work Act were met. The Agreement was a single enterprise agreement and did not cover all employees of the employer, but the Commissioner was satisfied that the group of employees was fairly chosen, taking into account the factors in Section 186(3) and (3A). The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, a bargaining representative for the Agreement, had given notice that it wanted the Agreement to cover it. The Agreement was approved on 25 February 2016 and will operate from 3 March 2016, with a nominal expiry date of 30 June 2019.

The Commissioner approved the Coca-Cola Amatil (Aust) Pty Ltd Richlands (QLD) Maintenance Agreement 2016, finding that it met the requirements of the Fair Work Act and was fairly chosen by the employees. The Agreement will operate from 3 March 2016 and will expire on 30 June 2019, unless terminated earlier in accordance with the Fair Work Act.

CaseChat Overview and Summary

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Background to the litigation

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