DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Coca-Cola Amatil (Aust) Pty Ltd
(AG2015/3611)

COCA-COLA AMATIL EQUIPMENT SERVICE (METRO SA) ENTERPRISE AGREEMENT 2015 - 2018

Electrical contracting industry
SENIOR DEPUTY PRESIDENT O'CALLAGHAN	ADELAIDE, 3 JULY 2015

Application for approval of the Coca-Cola Amatil Equipment Service (Metro SA) Enterprise Agreement 2015 - 2018.

[1] An application has been made for approval of an enterprise agreement known as the Coca-Cola Amatil Equipment Service (Metro SA) Enterprise Agreement 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] An undertaking has been provided in the following terms:

“The annual leave provisions of 6.11.1 of the agreement will be applied so that a 7 day shift worker, as defined in clause 28.1 of the Electrical, Electronic and Communications Contracting Award 2010, will receive the annual leave entitlement prescribed in the National Employment Standards in s.87(1)(b) of the Fair Work Act 2009.”

[3] As a result, the above undertaking is taken to be a term of the Agreement. A full copy of advice provided by the employer is attached to the Agreement as Attachment A.

[4] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 11 July 2015. The nominal expiry date of the Agreement is 17 July 2018.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Coca-Cola Amatil (Aust) Pty Ltd was the subject of an application for the approval of the Coca-Cola Amatil Equipment Service (Metro SA) Enterprise Agreement 2015 - 2018. The application was made to the Fair Work Commission, which was required to determine whether the agreement met the legal standards for approval under the Fair Work Act 2009. The applicant, Coca-Cola Amatil, sought approval for the proposed enterprise agreement which aimed to regulate the employment conditions of its employees within the Metro South Australia region.

The primary legal issues before the Commission included whether the agreement provided for the proper representation of the employees, if the agreement adequately dealt with the employees' pay and conditions, and whether the agreement complied with the 'better off overall test'. This test requires that employees should not be worse off financially under the terms of the proposed agreement compared to their existing conditions. Furthermore, the Commission had to consider whether the agreement met the procedural requirements for making an enterprise agreement.

The Fair Work Commission found that the proposed agreement did meet the necessary legal standards for approval. The Commission determined that the agreement was appropriately negotiated and that it provided for the adequate representation of the employees. It was also found that the agreement dealt with the employees' pay and conditions in a fair and reasonable manner. Moreover, the Commission concluded that the agreement satisfied the 'better off overall test', as employees would not be worse off under the terms of the agreement. Finally, the procedural requirements for making an enterprise agreement were met. As a result, the Fair Work Commission approved the Coca-Cola Amatil Equipment Service (Metro SA) Enterprise Agreement 2015 - 2018.

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