Coca-Cola Amatil (Aust) Pty Ltd

[2020] FWCA 5700

[2020] FWCA 5700

FAIR WORK COMMISSION

DECISION

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

Coca-Cola Amatil (Aust) Pty Ltd
(AG2020/2739)

COCA-COLA AMATIL (AUST) PTY LTD RICHLANDS (QLD) DISTRIBUTION CENTRE AGREEMENT 2020

Food, beverages and tobacco manufacturing industry
COMMISSIONER BOOTH	BRISBANE, 26 OCTOBER 2020

Application for approval of the Coca-Cola Amatil (Aust) Pty Ltd Richlands (QLD) DISTRIBUTION CENTRE Agreement 2020.

[1] An application has been made under s.185 of the Fair Work Act 2009 (the Act) by Coca-Cola Amatil (Aus) Pty Ltd (the Applicant) for approval of the Coca-Cola Amatil (Aust) Pty Ltd Richlands (Qld) DISTRIBUTION CENTRE Agreement 2020 (the Agreement). The Agreement is a single enterprise agreement.

[2] Mr Peter Ong, Divisional Branch Secretary of the Communications, Electrical, Electronic, Energy Information, Postal, Plumbing and Allied Serves Union of Australia (CEPU), filed a Form F18 in this matter, providing notice under s.183 of the Act that it wants the Agreement to cover it.

[3] Correspondence was sent to the Applicant on 28 September 2020, raising certain concerns in relation to the Agreement and seeking responses and undertakings from the Applicant. The Applicant filed undertakings addressing the concerns raised on 7 October 2020. The CEPU was provided with copies of the proposed undertakings.

[4] The matter was listed for eHearing on 20 October 2020. Any interested parties wishing to be heard in relation to the Agreement were directed to contact my Chambers to be heard. No parties contacted my Chambers.

[5] The undertakings meet the requirements of s.190(3) of the Act and I have accepted them. As a result, the undertakings are then to be a term of the Agreement and are attached to this Decision as Attachment A.

[6] I observe that the following provision is likely to be inconsistent with the National Employment Standards (NES):

•  Clause 15.20 – Personal leave

•  Clause 15.4.4 – Public Holidays

•  Clause 8.10 – Redundancy

[7] However, noting clause C of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[8] Subject to the matters raised at paragraphs [4] – [7], 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 had been met.

[9] In accordance with s.201(2), I note that the Agreement covers the CEPU.

[10] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 2 November 2020. The nominal expiry date is 31 July 2021.

COMMISSIONER

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Annexure A.