Coca Cola Amatil (Aust) Pty Ltd

[2021] FWCA 6169

[2021] FWCA 6169

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Coca Cola Amatil (Aust) Pty Ltd
(AG2021/7619)

COCA-COLA AMATIL (AUST) PTY LTD - ENTERPRISE AGREEMENT 2020-2024, MANUFACTURING OPERATIONS, WESTERN AUSTRALIA

Food, beverages and tobacco manufacturing industry
COMMISSIONER O'NEILL	MELBOURNE, 11 OCTOBER 2021

Application for approval of the Coca-Cola Amatil (Aust) Pty Ltd - Enterprise Agreement 2020-2024, Manufacturing Operations, Western Australia

[1] Coca Cola Amatil (Aust) Pty Ltd has applied for approval of an enterprise agreement known as the Coca-Cola Amatil (Aust) Pty Ltd - Enterprise Agreement 2020-2024, Manufacturing Operations, Western Australia (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) and is a single enterprise agreement.

[2] The Employer has provided a written undertaking. A copy of the undertaking is attached in Annexure A. I am satisfied that the undertaking will not cause financial detriment to any employee covered by the Agreement and that the undertaking will not result in substantial changes to the Agreement. The undertaking is taken to be a term of the Agreement.

[3] Subject to the undertaking 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 United Workers’ Union 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.

[5] I observe that clause 28.2 is likely to be inconsistent with the National Employment Standards (NES). However, noting clause 5 of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 18 October 2021. The nominal expiry date of the Agreement is 31 July 2024.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

<AE513413  PR734691>

Annexure A