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

Printed by authority of the Commonwealth Government Printer

Annexure A.

In this case, Coca-Cola Amatil (Aust) Pty Ltd applied for approval of an enterprise agreement. The Richlands (QLD) Distribution Centre Agreement 2020 was in question. The decision was made in the Fair Work Commission. The application concerned the fairness of the agreement in terms of its content, and whether it was appropriately negotiated.

The court was required to determine whether the agreement was genuinely negotiated and whether it contained the minimum entitlements required by law. Additionally, it was necessary to assess if the agreement provided for the proper operation of businesses and if it adhered to the principles of procedural fairness. The court needed to consider the impact of the agreement on employees, particularly in relation to their rights and obligations.

The court found that the agreement was genuinely negotiated and contained the minimum entitlements required by law. It was noted that the agreement provided for the proper operation of the business and adhered to the principles of procedural fairness. The court was satisfied that the agreement was fair and appropriate, and approved it accordingly. The court determined that the agreement was in the best interest of the employees and the business.

The final orders of the court were that the Richlands (QLD) Distribution Centre Agreement 2020 be approved as a registered agreement. The agreement was to be registered under the Fair Work Act 2009, and would be in effect from the date of the decision. The court also ordered that the agreement be published on the Fair Work Commission's website.

Coca-Cola Amatil (Aust) Pty Ltd

DECISION

Annexure A.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established