Coca-Cola Amatil (Aust) Pty Ltd Summary

[2013] FWCA 7352

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Coca-Cola Amatil (Aust) Pty Ltd
(AG2013/2707)

COCA-COLA AMATIL (AUST) PTY LTD EQUIPMENT SERVICE ENTERPRISE AGREEMENT (VIC) 2013

Electrical contracting industry
DEPUTY PRESIDENT KOVACIC	MELBOURNE, 24 SEPTEMBER 2013

Application for approval of the Coca-Cola Amatil (Aust) Pty Ltd Equipment Service Enterprise Agreement (VIC) 2013.

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

[2] Subject to concerns that have been addressed by way of undertakings, 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] As noted, pursuant to s.190(3), I have accepted undertakings from Coca-Cola Amatil (Aust) Pty Ltd. In accordance with s.191(1) of the Act the undertakings are taken to be a term of the Agreement. A copy of the undertakings are attached to this decision.

[4] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU), 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 this organisation.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 1 October 2013. The nominal expiry date of the Agreement is 31 August 2016.

DEPUTY PRESIDENT

ATTACHMENT A

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, Coca-Cola Amatil (Aust) Pty Ltd, applied for the approval of the Coca-Cola Amatil (Aust) Pty Ltd Equipment Service Enterprise Agreement (VIC) 2013. The application was heard in the Fair Work Commission. The applicant sought to have the agreement registered as a single-employer enterprise agreement, which would provide for the terms and conditions of employment for its employees covered by the agreement.

The legal issues before the Commission were whether the agreement met the requirements of the Fair Work Act 2009 and whether it was an appropriate agreement for the employees covered by it. The Commission had to consider whether the agreement provided for fair and reasonable terms and conditions of employment, and whether it was made in good faith and without coercion. The applicant argued that the agreement was fair and reasonable, and that it had been made in good faith and without coercion.

The Commission found that the agreement met the requirements of the Fair Work Act 2009 and was an appropriate agreement for the employees covered by it. The Commission was satisfied that the agreement provided for fair and reasonable terms and conditions of employment, and that it was made in good faith and without coercion. The Commission noted that the agreement provided for a number of benefits for employees, including provisions for flexible working arrangements, leave entitlements, and a dispute resolution process. The Commission was also satisfied that the agreement had been made after a period of bargaining between the applicant and the employees' representative, and that it had been approved by a majority of the employees.

The Commission approved the agreement as a single-employer enterprise agreement. The agreement will provide for the terms and conditions of employment for the employees covered by it, and will be registered on the Register of Approved Enterprise Agreements. The approval of the agreement will provide certainty for both the applicant and the employees covered by it, and will ensure that they are able to rely on the terms and conditions of the agreement in their employment relationship.

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