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

[2020] FWCA 4702

[2020] FWCA 4702

FAIR WORK COMMISSION

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).

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