Coca-Cola Amatil (Aust) Pty Ltd

[2013] FWCA 8259

[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.

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