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

Annexure A

CaseChat Overview and Summary

Coca-Cola Amatil (Aust) Pty Ltd applied to the Fair Work Commission for approval of the Coca-Cola Amatil (Aust.) Pty Ltd Equipment Services, Metropolitan (Queensland) Enterprise Agreement 2019 - 2022. The applicant is an employer in the soft drink manufacturing industry, and the agreement covers employees who are members of the Shop, Distributive and Allied Employees' Association (SDA). The dispute centred on whether the agreement was in the interests of employees, as required by section 233 of the Fair Work Act 2009. The primary issue before the Commission was whether the proposed agreement was appropriate for the employees it covered and whether it complied with the relevant legislative provisions.

The Commission examined the agreement to determine whether it met the statutory requirements and was fair and reasonable. The key issues included whether the agreement provided for appropriate rates of pay and conditions, and whether it included adequate protections for employees. The Commission also considered whether the agreement had been negotiated in good faith and whether it would promote harmony, cooperation, and productivity in the workplace. After reviewing the submissions and evidence from both parties, the Commission found that the agreement was fair and reasonable and met the statutory requirements.

The Fair Work Commission approved the Coca-Cola Amatil (Aust.) Pty Ltd Equipment Services, Metropolitan (Queensland) Enterprise Agreement 2019 - 2022. The Commission found that the agreement was in the interests of the employees and complied with the relevant provisions of the Fair Work Act 2009. The Commission noted that the agreement provided for appropriate rates of pay and conditions, and included adequate protections for employees. The Commission also found that the agreement had been negotiated in good faith and would promote harmony, cooperation, and productivity in the workplace. The agreement was approved and registered under section 186 of the Fair Work Act 2009.

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