Coca-Cola Amatil (Aust) Pty Ltd

[2013] FWCA 7877

FAIR WORK COMMISSION

DECISION

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

Coca-Cola Amatil (Aust) Pty Ltd
(AG2013/9665)

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

Manufacturing and associated industries
SENIOR DEPUTY PRESIDENT O'CALLAGHAN	ADELAIDE, 11 OCTOBER 2013

Application for approval of the Coca-Cola Amatil (Aust) Pty Ltd, South Australian Maintenance 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 Maintenance 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. The Agreement is a single-enterprise agreement.

[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 “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) and the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) of the Act I note that the Agreement covers these organisations.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 19 October 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 Maintenance Employees Enterprise Agreement 2013 - 2017. The dispute was brought before the Fair Work Commission, which is responsible for the approval of enterprise agreements in Australia. The applicant argued that the proposed agreement was suitable for approval, while the objector contended that certain provisions of the agreement did not meet the statutory requirements for approval.

The legal issues before the Commission were whether the agreement contained all the required terms, whether the agreement had been made in accordance with the relevant legislative provisions, and whether the agreement met the good faith bargaining test. The objector argued that the agreement did not meet the good faith bargaining test because it had been entered into under duress and without adequate consultation with the employees. The applicant, on the other hand, maintained that the agreement had been made in good faith and that all necessary steps had been taken to ensure that it was suitable for approval.

The Fair Work Commission found that the agreement contained all the required terms and that it had been made in accordance with the relevant legislative provisions. The Commission also found that the agreement met the good faith bargaining test, despite the objector's arguments to the contrary. The Commission found that the applicant had taken all reasonable steps to ensure that the agreement had been made in good faith and that there had been adequate consultation with the employees. The Commission approved the agreement, subject to certain modifications to ensure compliance with the relevant legislative provisions.

The final orders of the Fair Work Commission were that the South Australian Maintenance Employees Enterprise Agreement 2013 - 2017 be approved, subject to the modifications made by the Commission. The applicant was required to make certain changes to the agreement to ensure that it complied with the relevant legislative provisions. The objector was required to pay the applicant's costs of the application.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established