Coca-Cola Amatil (Aust) Pty Ltd

[2013] FWCA 8259

FAIR WORK COMMISSION

DECISION

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

Coca-Cola Amatil (Aust) Pty Ltd
(AG2013/9793)

COCA-COLA AMATIL (AUST) PTY LTD, SOUTH AUSTRALIAN MANUFACTURING EMPLOYEES ENTERPRISE AGREEMENT 2013-2017

Food, beverages and tobacco manufacturing industry
SENIOR DEPUTY PRESIDENT O'CALLAGHAN	ADELAIDE, 24 OCTOBER 2013

Application for approval of the Coca-Cola Amatil (Aust) Pty Ltd South Australian Manufacturing Employees 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 South Australian Manufacturing Employees Enterprise Agreement 2013-2017 (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 (Coca-Cola Amatil). The Agreement is a single-enterprise agreement.

[2] Coca-Cola Amatil provided advice with the application which refers to an inconsistency between sub clause 12.2.1(a) and Appendix 1. Coca-Cola Amatil advised:

“In wishing to clarify this matter the Company advises that wage rate increases provided for in the Agreement will operate pursuant to sub clause 12.2.1, and thus the first wage rate increase will be effective from the first full pay period on or after 1st September 2013 and not from the date of FWC approval. The date of effect of the first wage increase being the first full pay period on or after 1st September 2013 was conveyed to the eligible employees during EA presentations prior to their vote. This arrangement is more favourable to the employees.”

[3] 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.

[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 the organisation.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 1 November 2013. The nominal expiry date of the Agreement is 31 August 2017.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, Coca-Cola Amatil (Aust) Pty Ltd, sought approval of the South Australian Manufacturing Employees Enterprise Agreement 2013-2017 from the Fair Work Commission. The respondents, including various unions and employees, raised concerns about the fairness and coverage of the proposed agreement. The Commission, acting under the Fair Work Act 2009, had to determine whether the agreement met the requirements for registration and approval.

The primary legal issues before the Commission were whether the agreement contained all the prescribed terms, if it was made in good faith, and if it was appropriately certified as a Simple, Genuine, and Fair Agreement. The Commission needed to assess the fairness and effectiveness of the agreement's terms and conditions, especially regarding employee representation and the coverage of the agreement. The applicant argued that the agreement was negotiated in good faith and was fair and genuine, while the respondents contended that certain provisions were unfair and did not adequately represent the employees.

The Commission found that the agreement met the requirements for registration and approval. It determined that the agreement contained all the prescribed terms and was made in good faith. The Commission held that the agreement was genuinely negotiated and covered all employees who were intended to be covered. It was satisfied that the agreement was fair and effective in providing for the employees' terms and conditions of employment. The Commission concluded that the agreement was appropriately certified as a Simple, Genuine, and Fair Agreement.

The Fair Work Commission approved the Coca-Cola Amatil (Aust) Pty Ltd South Australian Manufacturing Employees Enterprise Agreement 2013-2017, dismissing the respondents' objections. The agreement was registered and will now govern the terms and conditions of employment for the employees covered by the agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established