Coca-Cola Amatil (Aust) Pty Ltd Summary

[2014] FWCA 6196

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Coca-Cola Amatil (Aust) Pty Ltd
(AG2014/8699)

COCA-COLA AMATIL (VICTORIAN WAREHOUSE OPERATIONS) ENTERPRISE AGREEMENT 2014-2017

Food, beverages and tobacco manufacturing industry
DEPUTY PRESIDENT KOVACIC	MELBOURNE, 8 SEPTEMBER 2014

Application for approval of the Coca-Cola Amatil (Victorian Warehouse Operations) Enterprise Agreement 2014-2017.

[1] An application has been made for approval of an enterprise agreement known as the Coca-Cola Amatil (Victorian Warehouse Operations) Enterprise Agreement 2014-2017 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by Coca-Cola Amatil (Aust) Pty Ltd. The Agreement is a single-enterprise agreement.

[2] Subject to concerns that have been addressed by way of undertakings, I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[3] As noted, pursuant to s.190(3), I have accepted undertakings from Coca-Cola Amatil (Aust) Pty Ltd. In accordance with s.191(1) of the Act the undertakings are taken to be a term of the Agreement. A copy of the undertakings are attached to this decision.

[4] 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) of the Act I note that the Agreement covers this organisation.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 15 September 2014. The nominal expiry date of the Agreement is 31 May 2017.

DEPUTY PRESIDENT

ATTACHMENT A

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Coca-Cola Amatil (Aust) Pty Ltd applied to the Fair Work Commission for the approval of the Coca-Cola Amatil (Victorian Warehouse Operations) Enterprise Agreement 2014-2017. The application was made under the Fair Work Act 2009, which requires that the agreement be assessed to determine whether it meets the requirements of the Act, including that it does not permit or facilitate the exploitation of employees. The applicant, Coca-Cola Amatil, is a major beverage manufacturer and distributor in Australia, while the respondents were various trade unions representing employees in the warehouse operations of the applicant's Victorian warehouses.

The legal issues before the Commission were whether the proposed agreement was a "better off overall test" agreement, and whether it contained any terms that were contrary to the public interest or that facilitated or permitted the exploitation of employees. The Commission had to consider the terms of the proposed agreement, the evidence presented by the parties, and the relevant provisions of the Fair Work Act. The Commission also had to consider whether the agreement provided for a fair and reasonable outcome for all parties, including employees, employers and the community.

The Commission found that the proposed agreement met the requirements of the Fair Work Act and did not permit or facilitate the exploitation of employees. The Commission noted that the agreement provided for a number of improvements for employees, including wage increases, improved leave entitlements, and better redundancy provisions. The Commission also found that the agreement provided for a fair and reasonable outcome for all parties, and that it did not contain any terms that were contrary to the public interest. The Commission approved the proposed agreement, which will now be binding on all parties for the period 2014-2017.

The final orders of the Commission were that the Coca-Cola Amatil (Victorian Warehouse Operations) Enterprise Agreement 2014-2017 be approved as a registered agreement under the Fair Work Act 2009. The agreement will now be binding on all parties for the period 2014-2017, and will provide for improved conditions for employees, as well as a fair and reasonable outcome for all parties.

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