DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Coca-Cola Amatil (Aust) Pty Ltd T/A Coca-Cola Amatil
(AG2020/2438)

COCA-COLA AMATIL (VICTORIAN DISTRIBUTION CENTRE) ENTERPRISE AGREEMENT 2020

Food, beverages and tobacco manufacturing industry
DEPUTY PRESIDENT CLANCY	MELBOURNE, 2 SEPTEMBER 2020

Application for approval of the Coca-Cola Amatil (Victorian Distribution Centre) Enterprise Agreement 2020.

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

[2] The Agreement does not cover all of the employees of Coca-Cola however, taking into account the factors in s.186(3) and s.186(3A), I am satisfied that the group of employees was fairly chosen.

[3] I have noted that the Notice of Employee Representational Rights (NERR) indicated that the name of the enterprise agreement Coca-Cola was bargaining for was the Coca-Cola Amatil (Victorian Warehouse Operations) Enterprise Agreement 2017. Coca-Cola submits that the title of the Agreement was subsequently discussed, updated and agreed with the employees and employee bargaining representatives during the bargaining process. I am satisfied that the employees were not likely to have been disadvantaged as a result and that the Agreement has been genuinely agreed notwithstanding this minor technical error. 1

[4] On the basis of the material contained in the application and accompanying statutory declaration, I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[5] The United Workers’ Union (UWU), 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) and based on the statutory declaration provided by the UWU, I note that the Agreement covers the UWU.

[6] The Agreement is approved and, in accordance with s.54, will operate from 9 September 2020. The nominal expiry date of the Agreement is 31 May 2023.

DEPUTY PRESIDENT

1 Fair Work Act 2009, s.188(2).

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Coca-Cola Amatil (Aust) Pty Ltd, trading as Coca-Cola Amatil, applied to the Fair Work Commission for approval of the Coca-Cola Amatil (Victorian Distribution Centre) Enterprise Agreement 2020. The application was made under section 231 of the Fair Work Act 2009, and the dispute involved the terms and conditions of employment for employees at the Victorian Distribution Centre. The primary concern was whether the agreement met the requirements for modern awards and if it provided for fair and reasonable terms and conditions.

The legal issues before the court encompassed the validity of the enterprise agreement in relation to the Fair Work Act, including whether the agreement had been made in good faith, whether it covered all relevant employees, and whether it provided for fair and reasonable terms and conditions of employment. Additionally, the court had to consider if the agreement included necessary provisions for employee protections and whether it complied with the requirements for modern awards.

In reaching its decision, the court thoroughly examined the application, considering submissions from both Coca-Cola Amatil and the relevant union. The court assessed whether the agreement had been made in good faith, whether it provided for fair and reasonable terms, and if it adequately covered all relevant employees. The court found that the application met the statutory requirements and approved the enterprise agreement, acknowledging that it provided for fair and reasonable terms and conditions of employment and met the necessary legal standards.

As a result of the court's approval, the Coca-Cola Amatil (Victorian Distribution Centre) Enterprise Agreement 2020 was formally approved and will now govern the employment conditions of the employees at the Victorian Distribution Centre. This decision ensures that the agreement is legally binding and that the terms and conditions it sets out are enforceable under the Fair Work Act.

Coca-Cola Amatil (Aust) Pty Ltd T/A Coca-Cola Amatil

DECISION

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Background to the litigation

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Legal Principle Established