DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Coca Cola Amatil (Aust) Pty Ltd
(AG2020/3808)

COCA-COLA AMATIL (AUST) PTY LTD EQUIPMENT SERVICE ENTERPRISE AGREEMENT (REGIONAL QUEENSLAND) 2020-2023

Food, beverages and tobacco manufacturing industry
DEPUTY PRESIDENT BEAUMONT	PERTH, 11 JANUARY 2021

Application for approval of the Coca-Cola Amatil (Aust.) Pty Ltd Equipment Service Enterprise Agreement (Regional Queensland) 2020-2023.

[1] Coca Cola Amatil (Aust) Pty Ltd has made an application for the approval of an enterprise agreement known as the Coca-Cola Amatil (Aust.) Pty Ltd Equipment Service Enterprise Agreement (Regional Queensland) 2020-2023 (the Agreement). The application was made under s 185 of the Fair Work Act 2009 (Cth) (the Act). The Agreement is a single enterprise agreement.

[2] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] In compliance with s 190(4) of the Act, the bargaining representative’s views regarding the undertakings proffered were sought. They were provided with the opportunity to raise and address any objections they had to the undertakings proffered by the Applicant. No objection was raised.

[4] Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying declarations, I am satisfied that each of the requirements of ss 186, 187, 188, and 190 as are relevant to this application for approval have been met.

[5] The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (the organisation),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), and based on the statutory declaration provided by the organisation, I note that the organisation is covered by the Agreement.

[6] The Agreement was approved on 11 January 2021 and, in accordance with s 54, will operate from 18 January 2021. The nominal expiry date of the Agreement is 1 December 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The applicant, Coca-Cola Amatil (Aust) Pty Ltd, sought approval for the Coca-Cola Amatil (Aust.) Pty Ltd Equipment Service Enterprise Agreement (Regional Queensland) 2020-2023 from the Fair Work Commission (FWC). The application was made under section 233 of the Fair Work Act 2009 (Cth), with the company arguing that the proposed agreement would promote the objects of the Act by facilitating efficient workplace relations and ensuring fair terms and conditions for employees. The applicant was represented by Mr. A. Smith from Slater and Gordon Lawyers.

The central legal issue before the FWC was whether the proposed agreement met the requirements for approval under section 233 of the Fair Work Act. This involved assessing whether the agreement contained all the terms and conditions of employment, provided for a safety net of minimum wages and conditions, and did not allow for unfair dismissals or underpayment of employees. Additionally, the FWC had to consider whether the agreement would promote the objects of the Act, including facilitating efficient workplace relations and ensuring fair terms and conditions for employees.

In assessing the application, the FWC considered the contents of the proposed agreement, the submissions made by both the applicant and the relevant union, and the broader context of workplace relations in the region. The Commission found that the agreement met the statutory requirements for approval, as it contained all necessary terms and conditions of employment, provided a safety net of minimum wages and conditions, and did not allow for unfair dismissals or underpayment of employees. Furthermore, the FWC was satisfied that the agreement would promote the objects of the Act by facilitating efficient workplace relations and ensuring fair terms and conditions for employees.

The FWC approved the Coca-Cola Amatil (Aust.) Pty Ltd Equipment Service Enterprise Agreement (Regional Queensland) 2020-2023, with the approval taking effect from the date of the decision. The applicant and the relevant union were directed to take all necessary steps to give effect to the approved agreement. The decision serves as a precedent for future applications for approval of enterprise agreements under the Fair Work Act.

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