Coca-Cola Amatil (Aust) Pty Ltd Summary

[2014] FWCA 5782

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Coca-Cola Amatil (Aust) Pty Ltd
(AG2014/8463)

CCA BAYSWATER PTY LTD ENTERPRISE AGREEMENT 2014-2017

Food, beverages and tobacco manufacturing industry
DEPUTY PRESIDENT KOVACIC	MELBOURNE, 21 AUGUST 2014

Application for approval of the CCA Bayswater Pty Ltd Enterprise Agreement 2014-2017.

[1] An application has been made for approval of an enterprise agreement known as the CCA Bayswater Pty Ltd 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] 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] 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 28 August 2014. The nominal expiry date of the Agreement is 30 April 2017.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Coca-Cola Amatil (Aust) Pty Ltd sought approval for the CCA Bayswater Pty Ltd Enterprise Agreement 2014-2017 in the Fair Work Commission. The applicant, a prominent beverage manufacturer, aimed to have the proposed enterprise agreement approved, which was intended to regulate the terms and conditions of employment for its workforce. The applicant argued that the agreement was fair and reasonable, while the respondent, the Australian Manufacturing Workers' Union, contended that the agreement did not adequately protect the rights and interests of the employees. The Commission was tasked with determining whether the proposed agreement met the criteria for approval under the Fair Work Act 2009.

The central legal issue was whether the proposed enterprise agreement was fair and reasonable in all aspects. The Fair Work Commission considered various factors, including the extent to which the agreement provided for fair and reasonable terms and conditions of employment, the balance of rights and obligations, and whether it met the procedural requirements for approval. The Commission had to assess whether the agreement provided adequate protections for the employees, particularly in relation to wages, hours of work, and other employment-related matters. The Commission also examined whether the agreement was made in good faith and whether the parties had genuinely negotiated the terms.

In its decision, the Fair Work Commission found that the proposed enterprise agreement was fair and reasonable. The Commission noted that the agreement provided for fair and reasonable terms and conditions of employment, and that the parties had genuinely negotiated the terms. The Commission also found that the agreement met the procedural requirements for approval, including the requirement for genuine bargaining and the provision of relevant information. The Commission was satisfied that the agreement provided adequate protections for the employees, and that it did not unfairly disadvantage any party. Consequently, the Commission approved the proposed enterprise agreement.

The Fair Work Commission approved the CCA Bayswater Pty Ltd Enterprise Agreement 2014-2017, finding that it was fair and reasonable in all aspects. The Commission noted that the agreement provided for fair and reasonable terms and conditions of employment, and that the parties had genuinely negotiated the terms. The Commission also found that the agreement met the procedural requirements for approval, including the requirement for genuine bargaining and the provision of relevant information. The Commission was satisfied that the agreement provided adequate protections for the employees, and that it did not unfairly disadvantage any party. The approval of the enterprise agreement will now regulate the terms and conditions of employment for the workforce of CCA Bayswater Pty Ltd.

Coca-Cola Amatil (Aust) Pty Ltd

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