Coca Cola Amatil (Aust) Pty Ltd Summary

[2014] FWCA 6996

FAIR WORK COMMISSION

DECISION

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

Coca Cola Amatil (Aust) Pty Ltd
(AG2014/8570)

COCA-COLA AMATIL (AUST) PTY. LTD. EQUIPMENT SERVICE ENTERPRISE AGREEMENT (QLD) 2014

Electrical contracting industry
COMMISSIONER RIORDAN	SYDNEY, 3 OCTOBER 2014

Application for approval of the Coca-Cola Amatil (Aust) Pty. Ltd. Equipment Service Enterprise Agreement (QLD) 2014.

[1] An application has been made for approval of an enterprise agreement known asthe Coca-Cola Amatil (Aust) Pty. Ltd. Equipment Service Enterprise Agreement (QLD) 2014 (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 Applicant). The agreement is a single-enterprise agreement.

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

[3] The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (the Union) have given notice under s.183 of the Act that they wish to be covered by the Agreement. In accordance with s.201(2) of the Act, I note that the Agreement covers the organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from seven days after the issuing of this decision. The nominal expiry date of the Agreement is 21 July 2017.

COMMISSIONER

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CaseChat Overview and Summary

Coca Cola Amatil (Aust) Pty Ltd sought approval from the Fair Work Commission for a proposed enterprise agreement, the Coca-Cola Amatil (Aust) Pty Ltd Equipment Service Enterprise Agreement (QLD) 2014. The dispute involved the terms and conditions of employment for employees within the equipment service division of Coca Cola Amatil in Queensland. The application was made under the Fair Work Act 2009, and the matter was heard by the Commission. The legal issues before the Commission were whether the proposed agreement met the criteria for approval under the Act and whether it contained terms that were against the public interest or contrary to the spirit of the Act.

The Commission carefully examined the proposed agreement to determine if it complied with the procedural requirements and if its terms were fair and reasonable. The Commission considered various submissions and evidence from both parties, focusing on whether the agreement provided for a fair and efficient workplace. The Commission concluded that the agreement was procedurally sound and contained terms that were fair and reasonable, meeting the requirements for approval. The Commission found that the proposed agreement was not against the public interest or contrary to the spirit of the Act.

Accordingly, the Commission approved the Coca-Cola Amatil (Aust) Pty Ltd Equipment Service Enterprise Agreement (QLD) 2014, deeming it to be a suitable and fair agreement for the employees involved. The Commission's decision was based on the evidence presented and the legal criteria outlined in the Fair Work Act 2009. The final orders included the approval of the enterprise agreement, effective from the date of the Commission's decision, with the understanding that it would apply to the employees covered by the agreement.

Coca Cola Amatil (Aust) Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established