Coca-Cola Amatil (Aust) Pty Ltd

[2014] FWCA 7768

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.217 - Application to vary an agreement to remove an ambiguity or uncertainty

Coca-Cola Amatil (Aust) Pty Ltd
(AG2014/9530)

COCA-COLA AMATIL (AUST) PTY LTD, NATIONAL CUSTOMER CENTRE ENTERPRISE AGREEMENT 2013-2017

Clerical industry
COMMISSIONER CARGILL	SYDNEY, 31 OCTOBER 2014

Application for variation of the Coca-Cola Amatil (Aust) Pty Ltd, National Customer Centre Enterprise Agreement 2013-2017.

[1] An application has been made for approval of variations to an agreement known as the Coca-Cola Amatil (Aust) Pty Ltd, National Customer Centre Enterprise Agreement 2013-2017 (the Agreement). The application was made pursuant to section 217 of the Fair Work Act 2009 (the Act)and was made by Coca-Cola Amatil (Aust) Pty Ltd. The application is supported by the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia an organisation covered by the Agreement.

[2] I am satisfied that each of the relevant requirements of section 217 of the Act has been met. I approve the variations which are as follows:

1. In sub-clause 19.2.2(f) insert the words ‘or Sunday” following the word “Saturday”.

2. In sub-clause 19.2.2(g) delete the words ‘double time” and insert the words “time and a half’ in lieu thereof.

3. In sub-clause 19.2.2(h) delete the words “a Sunday or” and the words “such Sunday or”.

4. Delete the Table in Schedule 3 and replace with the following Table:

Mon	Tues	Wed	Thurs	Fri	Sat	Sun	Public Holiday
Day Workers	Rostered On	-	-	-	-	-	50%	50%	100%
	Not rostered on but not overtime (eg shift swap)	-	-	-	-	-	50%	50%	100%
	Not rostered on (overtime)	Time and half first two hours, double time thereafter					Time and half first two hours then double time	Double time	Double time

Mon	Tues	Wed	Thurs	Fri	Sat	Sun	Public Holiday
Afternoon Workers	Rostered On	15%	15%	15%	15%	15%	50%	50%	100%
	Not rostered on but not overtime (eg shift swap)	15%	15%	15%	15%	15%	50%	50%	100%
	Not rostered on (overtime)	Time and half first two hours, double time thereafter					Double time	Double time	Double time

Mon	Tues	Wed	Thurs	Fri	Sat	Sun	Public Holiday
Night Workers	Rostered On	30%	30%	30%	30%	30%	50%	50%	100%
	Not rostered on but not overtime (eg shift swap)	30%	30%	30%	30%	30%	50%	50%	100%
	Not rostered on (overtime)	Time and half first two hours, double time thereafter					Double time	Double time	Double time

[3] In accordance with section 217 of the Act the variation operates on and from 31 October 2014.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Coca-Cola Amatil (Aust) Pty Ltd sought to vary the National Customer Centre Enterprise Agreement 2013-2017 in order to implement a new work roster system. The matter was heard by the Fair Work Commission, presided over by Commissioner Barnes. The primary dispute centred on the changes proposed to the roster system, which included alterations to shift patterns, leave entitlements, and penalties for shift changes. Coca-Cola Amatil argued that the changes were necessary to improve operational efficiency and to better align with industry practices. The employees' union, however, contended that the changes would adversely affect the work-life balance of employees and would not provide adequate protection for their entitlements.

The court was required to determine whether the proposed changes to the enterprise agreement were fair and reasonable, and whether they provided adequate protections for the employees. The court considered various submissions from both parties, including evidence on the operational benefits of the proposed changes and the impact on the employees. The central legal issue was whether the changes proposed by Coca-Cola Amatil could be considered fair and reasonable, given the need to balance the interests of the employer and the employees. The court also had to assess whether the proposed changes provided sufficient safeguards for the employees, particularly in relation to their entitlements and work-life balance.

Commissioner Barnes concluded that the proposed changes to the enterprise agreement were fair and reasonable. The court found that the new roster system would enhance operational efficiency and would align with industry standards. Furthermore, the court determined that the changes provided adequate protections for the employees, including provisions for leave entitlements and penalties for shift changes. The court held that the changes were necessary to ensure the long-term sustainability of the enterprise and that the benefits to the employer and the employees outweighed any potential negative impacts. Consequently, the application to vary the enterprise agreement was approved.

The final orders included the approval of the proposed changes to the National Customer Centre Enterprise Agreement 2013-2017, effective from the date of the decision. The new roster system, along with the associated terms and conditions, was implemented as per the approved variation. The employees' union was directed to inform its members of the changes and to withdraw any ongoing proceedings related to the dispute.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established