Coca-Cola Amatil (Aust) Pty Ltd

[2014] FWCA 3090

[2014] FWCA 3090

FAIR WORK COMMISSION

DECISION

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

Coca-Cola Amatil (Aust) Pty Ltd
(AG2014/949)

CRUSTA FRUIT JUICES SOUTH AUSTRALIAN OPERATIONS EMPLOYEES ENTERPRISE AGREEMENT 2014-2017

Food, beverages and tobacco manufacturing industry
SENIOR DEPUTY PRESIDENT O'CALLAGHAN	ADELAIDE, 13 MAY 2014

Application for approval of the Crusta Fruit Juices South Australian Operations Employees Enterprise Agreement 2014-2017.

[1] An application has been made for approval of an enterprise agreement known as the Crusta Fruit Juices South Australian Operations Employees Enterprise Agreement 2014-2017 (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 Agreement is a single-enterprise agreement.

[2] An undertaking has been provided in the following terms:

“1. The Coca-Cola Amatil Redundancy Policy (Version 10) that was attached to Employers Declaration Form F17 reflects the proposed content of Appendix 3 of the Agreement.

2. The Coca-Cola Amatil Redundancy Policy (Version 10) was provided to employees, together with the proposed agreement, during the access period referenced in s.180 of the Fair Work Act 2009.”

[3] As a result, the above undertaking is taken to be a term of the Agreement. A full copy of advice provided by the employer is attached to the Agreement as Attachment A.

[4] 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.

[5] The Australian Workers’ Union, 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.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 21 May 2014. The nominal expiry date of the Agreement is 1 February 2017.

SENIOR DEPUTY PRESIDENT

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