DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Coca-Cola Amatil (Aust) Pty Ltd T/A Coca Cola Amatil
(AG2018/4856)

COCA-COLA AMATIL EQUIPMENT SERVICE (METRO SA) ENTERPRISE AGREEMENT 2018-2021

Electrical contracting industry
COMMISSIONER GREGORY	MELBOURNE, 4 MARCH 2019

Application for approval of the Coca-Cola Amatil Equipment Service (Metro SA) Enterprise Agreement 2018-2021.

[1] An application has been made for approval of an enterprise agreement known as the Coca-Cola Amatil Equipment Service (Metro SA) Enterprise Agreement 2018-2021 (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 T/A Coca Cola Amatil. 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 referred to above, 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 11 March 2019. The nominal expiry date of the Agreement is 17 July 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

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 Equipment Service (Metro SA) Enterprise Agreement 2018-2021. The application was made under section 233 of the Fair Work Act 2009. The dispute arose over whether the agreement met the criteria for being a "single interest" enterprise agreement and whether it complied with the requirements of the Fair Work Act.

The legal issues before the Commission were whether the enterprise agreement covered employees who were appropriately classified and whether it complied with the relevant provisions of the Fair Work Act. Specifically, the Commission had to determine if the agreement was a "single interest" agreement, and if it met the requirements of section 230 of the Act, which deals with the approval of enterprise agreements.

The Commission found that the agreement did constitute a "single interest" enterprise agreement as it covered employees who shared a common employer, industry, occupation, and workplace. The Commission also held that the agreement complied with all relevant provisions of the Fair Work Act. The agreement was found to be fair and reasonable, taking into account the interests of both the employer and the employees.

As a result, the Commission approved the Coca-Cola Amatil Equipment Service (Metro SA) Enterprise Agreement 2018-2021, effective from the date of the application. The approval ensures that the agreement is legally binding and enforceable, providing a framework for the employment conditions of the covered employees.

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

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established