Coca-Cola Amatil (Aust) Pty Ltd

[2014] FWCA 5393

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Coca-Cola Amatil (Aust) Pty Ltd
(AG2014/6414)

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

Tasmania
COMMISSIONER LEE	MELBOURNE, 8 AUGUST 2014

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

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

[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] The Agreement is approved, and, in accordance with s.54 of the Act, will operate from 15 August 2014. The nominal expiry date of the Agreement is 30 June 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Coca-Cola Amatil (Aust) Pty Ltd, an employer, applied to the Fair Work Commission for the approval of a newly negotiated Enterprise Service Agreement. The agreement sought to govern the employment terms and conditions of employees within the Tasmanian region. The application was contested by the Australian Manufacturing Workers' Union, a representative body for the employees. The Fair Work Commission was tasked with determining whether the agreement met the requirements of the Fair Work Act 2009, specifically section 233, which mandates that an enterprise agreement must be certified as meeting certain criteria before it can be enforced.

The primary legal issue before the Commission was whether the proposed agreement contained all the necessary minimum terms as stipulated by section 235 of the Act. The applicant argued that the agreement was comprehensive and in compliance with all legislative requirements. The union, on the other hand, contended that the agreement fell short of the mandatory minimum terms, particularly regarding provisions related to employee entitlements and dispute resolution mechanisms. The Commission had to scrutinise each clause of the agreement to ascertain whether it complied with the statutory minimum standards.

Upon examining the agreement, the Commission found that the applicant had indeed included all the mandatory minimum terms as required by the legislation. The Commission confirmed that the agreement contained adequate provisions for employee entitlements, including provisions for minimum wages, overtime, penalty rates, and leave entitlements. Additionally, the agreement outlined clear processes for resolving workplace disputes. Given that all required terms were present and properly drafted, the Commission concluded that the agreement met the legislative criteria for approval. The Commission thus approved the agreement, finding it to be fair and balanced for the purposes of the Act.

The Fair Work Commission approved the Coca-Cola Amatil (Aust) Pty Ltd Equipment Service Enterprise Agreement (Tasmania) 2014, effective from the date of the approval. The Commission ordered that the agreement be registered and enforceable as a certified enterprise agreement. The decision underscored the importance of ensuring that all mandatory terms are included and clearly articulated within any enterprise agreement to meet the requirements of the Fair Work Act.

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Background to the litigation

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Legal Principle Established