Coca-Cola Amatil (Aust) Pty Ltd Summary

[2013] FWCA 7704

FAIR WORK COMMISSION

DECISION

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

Coca-Cola Amatil (Aust) Pty Ltd
(AG2013/10628)

COCA-COLA AMATIL (AUST) PTY LTD, SOUTH AUSTRALIAN WAREHOUSE EMPLOYEES ENTERPRISE AGREEMENT 2013-2016

Food, beverages and tobacco manufacturing industry
SENIOR DEPUTY PRESIDENT O'CALLAGHAN	ADELAIDE, 3 OCTOBER 2013

Application for approval of the Coca-Cola Amatil (Aust) Pty Ltd, South Australian Warehouse Employees Enterprise Agreement 2013 - 2016.

[1] An application has been made for approval of an enterprise agreement known as the Coca-Cola Amatil (Aust) Pty Ltd, South Australian Warehouse Employees Enterprise Agreement 2013 - 2016 (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] 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 11 October 2013. The nominal expiry date of the Agreement is 31 August 2016.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Fair Work Commission (FWC) was called upon to consider an application for the approval of the Coca-Cola Amatil (Aust) Pty Ltd, South Australian Warehouse Employees Enterprise Agreement 2013 - 2016. The applicant, Coca-Cola Amatil (Aust) Pty Ltd, sought the approval of the proposed enterprise agreement, which aimed to govern the employment conditions of its warehouse employees in South Australia. The primary concern was whether the agreement complied with the requirements of the Fair Work Act 2009 and the Fair Work (Registered Organisations) Act 2009.

The legal issues that the FWC had to resolve included whether the agreement had been negotiated fairly, if it contained all the necessary provisions as per the legislation, and whether it adhered to the standards set by the FWC for enterprise agreements. Additionally, the FWC needed to confirm that the agreement was in the best interest of the employees and did not undermine their rights or protections.

The FWC carefully reviewed the negotiation process, the content of the agreement, and its implications for the employees. After thorough examination, the FWC found that the agreement had been negotiated fairly and contained all the required provisions. It also concluded that the agreement was in the best interest of the employees and did not adversely affect their rights or protections. Consequently, the FWC approved the Coca-Cola Amatil (Aust) Pty Ltd, South Australian Warehouse Employees Enterprise Agreement 2013 - 2016.

The FWC's final order was the approval of the enterprise agreement, which would now be in effect and govern the employment conditions of the warehouse employees in South Australia for the specified period. This decision underscored the FWC's role in ensuring that enterprise agreements meet the necessary standards and protect the interests of both employers and employees.

Coca-Cola Amatil (Aust) Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established