Coca-Cola Amatil (Aust) Pty Ltd

[2020] FWCA 1302

[2020] FWCA 1302

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Coca-Cola Amatil (Aust) Pty Ltd
(AG2020/246)

COCA-COLA AMATIL (AUST.) PTY LTD EQUIPMENT SERVICES, METROPOLITAN (QUEENSLAND) ENTERPRISE AGREEMENT 2019 - 2022

Food, beverages and tobacco manufacturing industry
DEPUTY PRESIDENT MILLHOUSE	MELBOURNE, 13 MARCH 2020

Application for approval of the Coca-Cola Amatil (Aust.) Pty Ltd Equipment Services, Metropolitan (Queensland) Enterprise Agreement 2019 - 2022.

[1] An application has been made for approval of an enterprise agreement known as the Coca-Cola Amatil (Aust.) Pty Ltd Equipment Services, Metropolitan (Queensland) Enterprise Agreement 2019 - 2022 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by Coca-Cola Amatil (Aust) Pty Ltd (Employer). The Agreement is a single enterprise agreement.

[2] The Employer 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] Subject to the undertakings, 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. The undertakings are taken to be a term of the Agreement.

[4] I observe that clause 48.3 of the Agreement is likely to be inconsistent with the National Employment Standards (NES). It provides that by agreement between the Employer and the majority of affected employees, an alternative day may be taken as the public holiday. However, noting clause 7 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.

[5] The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, 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.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 20 March 2020. The nominal expiry date of the Agreement is 1 August 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

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Annexure A