DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Coca Cola Amatil (Aust) Pty Ltd
(AG2015/2958)

COCA-COLA AMATIL (AUST) PTY LTD - KEWDALE MANUFACTURING TRADES TEAM EMPLOYEE AGREEMENT 2015 - 2018

Manufacturing and associated industries
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 15 JUNE 2015

Application for approval of the Coca-Cola Amatil (Aust) Pty Ltd - Kewdale Manufacturing Trades Team Employee Agreement 2015 - 2018.

[1] An application has been made for approval of an enterprise agreement known as the Coca-Cola Amatil (Aust) Pty Ltd - Kewdale Manufacturing Trades Team Employee 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.

[1] 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.

[2] The Agreement was approved on 15 June 2015 and, in accordance with s.54, will operate from 22 June 2015. The nominal expiry date of the Agreement is 30 April 2018.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Coca Cola Amatil (Aust) Pty Ltd sought approval of an enterprise agreement from the Fair Work Commission. The proposed agreement, covering the Kewdale Manufacturing Trades Team, was contested by the union representing the employees. The dispute centred on whether the agreement complied with the Fair Work Act 2009 and if it was made in good faith and without coercion. The Fair Work Commission was tasked with determining the validity of the proposed agreement, considering the statutory requirements and the process by which it was made.

The central legal issue was whether the agreement was genuinely negotiated and made without any undue influence or coercion. Additionally, the court had to assess if the agreement met all the necessary criteria under the Fair Work Act, including whether it provided for fair and reasonable terms and conditions for the employees. The union argued that the agreement did not adequately represent the employees' interests and was not made in good faith.

In examining the evidence, the Commission found that the agreement was the result of genuine negotiations between the parties. It concluded that there was no evidence of coercion or undue influence. Furthermore, the Commission determined that the agreement contained fair and reasonable terms and conditions, meeting all the statutory requirements. Consequently, the Commission approved the Coca-Cola Amatil (Aust) Pty Ltd - Kewdale Manufacturing Trades Team Employee Agreement 2015 - 2018.

The Commission's final order was the approval of the proposed enterprise agreement, effective from the date of the decision. The agreement was to be registered with the Fair Work Commission and would govern the employment terms and conditions of the Kewdale Manufacturing Trades Team for the specified period.

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