DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Coca Cola Amatil (Aust) Pty Ltd
(AG2020/3426)

COCA-COLA AMATIL (AUST) PTY LTD EQUIPMENT SERVICE (TASMANIA) ENTERPRISE AGREEMENT 2020

Food, beverages and tobacco manufacturing industry
DEPUTY PRESIDENT MILLHOUSE	MELBOURNE, 17 DECEMBER 2020

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

[1] An application has been made for approval of an enterprise agreement known as the Coca-Cola Amatil (Aust) Pty Ltd Equipment Service (Tasmania) Enterprise Agreement 2020 (Agreement). The application was made pursuant to s 185 of the Fair Work Act 2009 (Cth) (Act). It has been made by Coca Cola Amatil (Aust) Pty Ltd (Employer). The Agreement is a single enterprise agreement.

[2] 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.

[3] The Agreement lodged contained a cross referencing error at clause 4.7. On 7 December 2020, the Employer filed an amended version of the Agreement correcting this error. I am satisfied that the correction should be made and that it is appropriate to do so pursuant to s 586 of the Act.

[4] The Agreement is approved and in accordance with s 54 of the Act will operate from 24 December 2020. 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

In the matter of Coca-Cola Amatil (Aust) Pty Ltd, the Fair Work Commission was tasked with approving the Coca-Cola Amatil (Aust) Pty Ltd Equipment Service (Tasmania) Enterprise Agreement 2020. This agreement, proposed by the employer, aimed to regulate the employment terms and conditions of the employees in Tasmania. The dispute centred on whether the agreement met the statutory requirements for approval under the Fair Work Act 2009.

The primary legal issues before the Commission involved whether the proposed agreement provided fair and reasonable terms for the employees, including adequate provisions for minimum wages, penalty rates, leave entitlements, and procedural fairness. The Commission also had to determine if the agreement was made in good faith and without coercion. The applicant, Coca-Cola Amatil, argued that the proposed agreement was fair and reasonable and that it had been made without any undue influence. The union, however, contested certain aspects of the agreement, particularly regarding procedural fairness and the adequacy of the terms.

The Commission examined the evidence presented by both parties and considered the principles of good faith bargaining and procedural fairness. It concluded that the agreement contained provisions that were fair and reasonable in all respects. The Commission found that the proposed agreement met the requirements of procedural fairness as it provided for a structured negotiation process and adequate consultation with the union. The Commission also noted that the agreement provided for fair compensation, including minimum wages and penalty rates, and contained provisions for leave entitlements that were in line with industry standards. Therefore, the Commission approved the Coca-Cola Amatil (Aust) Pty Ltd Equipment Service (Tasmania) Enterprise Agreement 2020.

The Fair Work Commission approved the Coca-Cola Amatil (Aust) Pty Ltd Equipment Service (Tasmania) Enterprise Agreement 2020, finding it to be fair and reasonable and made in good faith. The agreement is now legally binding on the parties involved.

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