Coca-Cola Amatil (Aust) Pty Ltd

[2014] FWCA 7768

[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

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