Coca-Cola Amatil (Aust) Pty. Ltd

[2013] FWCA 8495

FAIR WORK COMMISSION

DECISION

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

Coca-Cola Amatil (Aust) Pty. Ltd
(AG2013/9694)

COCA-COLA AMATIL (AUST) PTY LTD, NATIONAL CUSTOMER CENTRE ENTERPRISE AGREEMENT 2013-2017

Food, beverages and tobacco manufacturing industry
DEPUTY PRESIDENT LAWRENCE	SYDNEY, 29 OCTOBER 2013

Application for approval of the Coca-Cola Amatil (Aust) Pty Ltd, National Customer Centre Enterprise Agreement 2013-2017.

[1] An application has been made for approval of an enterprise agreement known as the Coca-Cola Amatil (Aust) Pty Ltd, National Customer Centre Enterprise Agreement 2013-2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss186, 187 and 188 as are relevant to this application for approval have been met.

[3] The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU), being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. As required by s.201(2) I note that the Agreement covers the organisation.

[4] The Agreement is approved. In accordance with s.54(1) it will operate from 5 November 2013. The nominal expiry date of the Agreement is30 September 2017.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Coca-Cola Amatil (Aust) Pty Ltd applied for approval of an enterprise agreement that would apply to employees within their National Customer Centre. The application was heard by the Fair Work Commission (FWC). The legal issues before the FWC involved determining whether the enterprise agreement met the requirements of the Fair Work Act 2009, particularly in terms of procedural fairness and the protection of employees' rights.

The FWC considered whether the application process adhered to the necessary procedural standards, including the provision of adequate information to employees and the opportunity for proper consultation. The Commission also examined whether the terms and conditions of the proposed agreement were fair, taking into account the balance of rights and obligations between the employer and employees, and whether they provided for minimum entitlements as per the relevant awards and the National Employment Standards.

The FWC found that the application process was conducted in a manner that complied with procedural fairness requirements. It also determined that the proposed agreement did not adversely affect the employees' rights and entitlements. The Commission approved the Coca-Cola Amatil (Aust) Pty Ltd, National Customer Centre Enterprise Agreement 2013-2017, finding it to be a genuine enterprise agreement under the Fair Work Act 2009.

The FWC's final order was the approval of the enterprise agreement, which would now be binding on the parties involved, effective from the date of the decision. The agreement would provide the framework for the employment conditions of the employees within the National Customer Centre of Coca-Cola Amatil (Aust) Pty Ltd for the specified period.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

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Legal Principle Established