DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Coca Cola Amatil (Aust) Pty Ltd
(AG2015/639)

COCA-COLA AMATIL (AUST) PTY LTD - UNITED VOICE UNION ENTERPRISE AGREEMENT 2014-2017, MANUFACTURING WESTERN AUSTRALIA

Food, beverages and tobacco manufacturing industry
COMMISSIONER LEE	MELBOURNE, 2 APRIL 2015

Application for approval of the Coca-Cola Amatil (Aust) Pty Ltd - United Voice Union Enterprise Agreement 2014-2017, Manufacturing Western Australia.

[1] An application has been made for approval of an enterprise agreement known as the Coca-Cola Amatil (Aust) Pty Ltd - United Voice Union Enterprise Agreement 2014-2017, Manufacturing Western Australia (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] 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 United Voice, 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.

[4] The Agreement was approved on 2 April 2015 and, in accordance with s.54, will operate from 9 April 2015. The nominal expiry date of the Agreement is 31 July 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Coca Cola Amatil (Aust) Pty Ltd sought approval of an enterprise agreement under the Fair Work Act 2009. The applicant, Coca Cola Amatil (Aust) Pty Ltd, a major beverage manufacturer, and the United Voice Union Enterprise, representing its employees, had negotiated an agreement that covered the period from 2014 to 2017. The application was before the Fair Work Commission, which was tasked with determining whether the agreement met the requirements of the Act. The dispute centred on the application's compliance with the Act, particularly whether it contained all the terms mandated by the legislation and whether it was fairly and properly negotiated.

The primary legal issue was whether the agreement satisfied the statutory prerequisites for approval, including whether it contained all the mandated terms, was fairly and properly negotiated, and did not adversely affect the safety and health of employees. Additionally, the court had to consider whether the agreement included appropriate provisions for dispute resolution and whether it adequately addressed the needs of both the employer and the employees. The court also examined whether the agreement complied with the Fair Work Act's requirements for the protection of vulnerable employees and the avoidance of undue hardship on the employer.

The Fair Work Commission concluded that the agreement met all the statutory requirements for approval. The Commission found that the agreement contained all the mandated terms and was fairly and properly negotiated. The Commission also determined that the agreement did not adversely affect the safety and health of employees and included appropriate provisions for dispute resolution. The Commission further found that the agreement adequately addressed the needs of both the employer and the employees and complied with the Fair Work Act's requirements for the protection of vulnerable employees and the avoidance of undue hardship on the employer. Based on these findings, the Commission approved the agreement.

The Fair Work Commission approved the Coca-Cola Amatil (Aust) Pty Ltd - United Voice Union Enterprise Agreement 2014-2017, Manufacturing Western Australia. The Commission's decision was based on its finding that the agreement met all the statutory requirements for approval, including that it contained all the mandated terms, was fairly and properly negotiated, and did not adversely affect the safety and health of employees. The Commission also found that the agreement included appropriate provisions for dispute resolution and adequately addressed the needs of both the employer and the employees. The approval of the agreement ensures that the parties' rights and obligations are governed by the terms of the agreement, providing stability and certainty in their relationship.

Coca Cola Amatil (Aust) Pty Ltd

DECISION

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