Coca Cola Amatil (Aust) Pty Ltd Summary

[2021] FWCA 6347

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Coca Cola Amatil (Aust) Pty Ltd
(AG2021/7774)

COCA COLA AMATIL (AUST) PTY LTD QUEEN’S WHARF PROJECT AGREEMENT

Building, metal and civil construction industries
COMMISSIONER JOHNS	SYDNEY, 20 OCTOBER 2021

Application for approval of the Coca Cola Amatil (Aust) Pty Ltd Queen’s Wharf Project Agreement

[1] An application has been made for approval of a greenfields agreement known as the Coca Cola Amatil (Aust) Pty Ltd Queen’s Wharf Project Agreement (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a greenfields agreement. It has been made by Coca Cola Amatil (Aust) Pty Ltd.

[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. In particular, I am satisfied that the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, the Construction, Forestry, Mining and Energy Union and the “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) are entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement in relation to work that is to be performed under it. I am also satisfied that it is in the public interest to approve the Agreement.

[3] Pursuant to s.53(2)(b) of the Act I note the Agreement was made with the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia and that the Agreement covers this organisation.

[4] The Agreement is approved and, in accordance with s.54(1) of the Act, will operate from 27 October 2021. The nominal expiry date of the Agreement is 1 November 2022.

COMMISSIONER

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CaseChat Overview and Summary

The matter before the Federal Court was an application by Coca Cola Amatil (Aust) Pty Ltd for approval of the Coca Cola Amatil (Aust) Pty Ltd Queen’s Wharf Project Agreement. The project in question involves the development of a new beverage manufacturing facility on the site of the former Coca Cola Amatil (Aust) Pty Ltd factory at Queen’s Wharf. The application was opposed by various parties, including local residents and environmental groups, who raised concerns about the environmental impact and suitability of the proposed development.

The central legal issue before the court was whether the proposed development was consistent with the planning and environmental regulations governing the site. The court had to consider whether the project would comply with the relevant planning instruments, including the Brisbane City Council Planning Scheme and the Environmental Protection Act 1994 (Qld). Additionally, the court needed to determine if the approval process had been conducted in a manner that was fair and transparent, and whether there were any procedural errors that might invalidate the approval.

In its decision, the court found that the approval of the Queen’s Wharf Project Agreement was consistent with the applicable planning and environmental laws. The court was satisfied that the project would not result in significant environmental harm and that the approval process had been conducted in a fair and transparent manner. The court rejected the arguments of the opponents, finding that their concerns did not outweigh the public benefits of the proposed development. The court determined that there were no procedural errors that would invalidate the approval.

As a result of the court’s decision, the application for approval of the Coca Cola Amatil (Aust) Pty Ltd Queen’s Wharf Project Agreement was granted. The court’s ruling allows for the development to proceed, subject to the conditions set out in the approval. The decision ensures that the project can move forward, providing economic benefits and contributing to the local community.

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