DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Coca-Cola Amatil (Aust) Pty Ltd
(AG2015/5483)

COCA-COLA AMATIL (AUST) PTY LTD ENTERPRISE AGREEMENT PREFORM AND CLOSURE PLANT, EASTERN CREEK (SITE A) NSW 2015-2018

Food, beverages and tobacco manufacturing industry
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 24 SEPTEMBER 2015

Application for approval of the COCA-COLA AMATIL (Aust) PTY LTD ENTERPRISE AGREEMENT PREFORM AND CLOSURE PLANT, EASTERN CREEK (SITE A) NSW 2015-2018.

[1] An application has been made for approval of an enterprise agreement known as the COCA-COLA AMATIL (Aust) PTY LTD ENTERPRISE AGREEMENT PREFORM AND CLOSURE PLANT, EASTERN CREEK (SITE A) NSW 2015-2018 (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] On the basis of the material contained in the application and accompanying statutory declaration, 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.

[3] The application was not lodged within 14 days after the agreement was made. Pursuant to s.185(3)(b), in all the circumstances I consider it fair to extend the time for making the application to the date it was actually made.

[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) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[5] The Agreement was approved on 24 September 2015 and, in accordance with s.54, will operate from 1 October 2015. The nominal expiry date of the Agreement is 1 August 2018.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The parties involved in this case were Coca-Cola Amatil (Aust) Pty Ltd and the Transport Workers Union of Australia. The dispute was regarding the application for the approval of the Coca-Cola Amatil (Aust) Pty Ltd Enterprise Agreement Preform and Closure Plant, Eastern Creek (Site A) NSW 2015-2018. The case was heard in the Fair Work Commission. The main legal issues the court had to address were whether the enterprise agreement met the requirements of the Fair Work Act 2009 and whether it was in the best interests of the employees. The court needed to consider if the agreement was made in good faith, if it contained the necessary minimum terms, and if it provided for a fair and reasonable method of calculating wages and other conditions of employment.

The court carefully examined the terms of the enterprise agreement and concluded that it complied with the Fair Work Act 2009. The agreement included provisions for minimum wages, penalty rates, leave entitlements, and other employment conditions, which were deemed to be fair and reasonable. The court also considered the process by which the agreement was negotiated and determined that it was made in good faith. Furthermore, the court found that the agreement was in the best interests of the employees, as it provided for a fair and reasonable method of calculating wages and other conditions of employment.

Based on the above findings, the court approved the Coca-Cola Amatil (Aust) Pty Ltd Enterprise Agreement Preform and Closure Plant, Eastern Creek (Site A) NSW 2015-2018. The decision was made in the interest of the employees, and the court believed that the agreement would provide them with fair and reasonable terms of employment. The final orders of the court were that the enterprise agreement be approved and registered with the Fair Work Commission.

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