DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Coca-Cola Amatil (Aust) Pty Ltd
(AG2015/7244)

COCA-COLA AMATIL (AUST.) PTY LTD MOORABBIN MANUFACTURING OPERATIONS ENTERPRISE AGREEMENT 2015-2019

Food, beverages and tobacco manufacturing industry
COMMISSIONER ROE	SYDNEY, 9 FEBRUARY 2016

Application for approval of the Coca-Cola Amatil (Aust.) Pty Ltd Moorabbin Manufacturing Operations Enterprise Agreement 2015-2019.

[1] An application has been made for approval of an enterprise agreement known as the Coca-Cola Amatil (Aust.) Pty Ltd Moorabbin Manufacturing Operations Enterprise Agreement 2015-2019 (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. 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] United Voice 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.

[4] The Agreement was approved on 9 February 2016 and, in accordance with s.54, will operate from 16 February 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

In the Fair Work Commission, Coca-Cola Amatil (Aust) Pty Ltd applied for approval of their 2015-2019 enterprise agreement. The dispute involved the terms and conditions of employment for workers at the Moorabbin manufacturing facility. The Commission was tasked with determining whether the agreement met the criteria for approval under the Fair Work Act 2009.

The primary legal issue before the Commission was whether the agreement provided for the fair and reasonable terms and conditions of employment for the workers. This required the Commission to consider whether the agreement included minimum entitlements, such as minimum wages, leave entitlements, penalty rates, and other working conditions that met or exceeded the national minimum standards. Additionally, the Commission needed to assess whether the agreement was free from any unfair terms and whether it allowed for appropriate employee representation and consultation.

The Commission found that the agreement met the requirements for approval. It included all necessary minimum entitlements, provided for fair and reasonable terms and conditions, and did not contain any unfair terms. The agreement also facilitated appropriate employee representation and consultation mechanisms. The Commission was satisfied that the agreement would provide for the fair and reasonable terms and conditions of employment for the workers.

As a result, the Commission approved the Coca-Cola Amatil (Aust.) Pty Ltd Moorabbin Manufacturing Operations Enterprise Agreement 2015-2019. The agreement was approved as a modern award and is now applicable to the workers at the Moorabbin facility from the date of approval.

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