DECISION

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

Coca-Cola Amatil (Aust) Pty Ltd
(AG2021/124)

COCA-COLA AMATIL (AUST.) PTY LTD, NATIONAL SALES CENTRE ENTERPRISE AGREEMENT 2020-2023

Clerical industry
DEPUTY PRESIDENT DEAN	SYDNEY, 8 FEBRUARY 2021

Application for approval of the Coca-Cola Amatil (Aust.) Pty Ltd, National Sales Centre Enterprise Agreement 2020-2023.

[1] An application has been made for approval of an enterprise agreement known as the Coca-Cola Amatil (Aust.) Pty Ltd, National Sales Centre Enterprise Agreement 2020-2023 (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] On the basis of the material contained in the application and accompanying statutory declaration, I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[3] The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, Electrical Energy and Services Branch, 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) 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 15 February 2021. The nominal expiry date of the Agreement is 30 September 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Coca-Cola Amatil (Aust) Pty Ltd applied to the Fair Work Commission for approval of the Coca-Cola Amatil (Aust.) Pty Ltd, National Sales Centre Enterprise Agreement 2020-2023. The applicant sought to have the enterprise agreement made directly applicable to employees who were covered by the agreement, but who were not members of the union that had negotiated the agreement. The legal issues the court needed to decide were whether the agreement was suitable for approval under section 231 of the Fair Work Act 2009 and whether the application met the requirements of section 234 of the Act. The court found that the agreement met the requirements of section 231 of the Fair Work Act, as it contained the prescribed minimum terms and conditions, and the process for its negotiation was in accordance with the Act. The court also found that the application met the requirements of section 234 of the Act, as it was made within the prescribed time and in the prescribed manner. Therefore, the court approved the application for the enterprise agreement to be made directly applicable to the relevant employees. The court's decision was based on the evidence presented by the applicant, which demonstrated that the agreement had been negotiated in good faith and that it contained the prescribed minimum terms and conditions. The court also noted that the agreement provided for a fair and reasonable outcome for both the employer and the employees. The final orders of the court were that the enterprise agreement be approved and that it be made directly applicable to the relevant employees.

Coca-Cola Amatil (Aust) Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established