DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Coca-Cola Amatil (Aust.) Pty Ltd T/A Coca-Cola Amatil
(AG2018/6539)

COCA-COLA AMATIL (AUST) PTY LTD EASTERN CREEK LOGISTICS ENTERPRISE AGREEMENT 2018

Food, beverages and tobacco manufacturing industry
DEPUTY PRESIDENT MASSON	MELBOURNE, 28 FEBRUARY 2019

Application for approval of the Coca-Cola Amatil (Aust) Pty Ltd Eastern Creek Logistics Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Coca-Cola Amatil (Aust) Pty Ltd Eastern Creek Logistics Enterprise Agreement 2018 (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] I note that Clause 23.1 is inconsistent with the National Employment Standards. Given the National Employment Standards precedence clause at clause 2 of the undertaking, I am satisfied that the more beneficial entitlements of the NES will prevail.

[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 7 March 2019. The nominal expiry date of the Agreement is 30 July 2022.

DEPUTY PRESIDENT

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, sought approval for the Eastern Creek Logistics Enterprise Agreement 2018 from the Fair Work Commission (FWC). The agreement aimed to govern the employment conditions of certain employees within the company. The application for approval was contested by the Australian Manufacturing Workers' Union (AMWU), which argued that the agreement did not meet the requirements for being considered "fair and reasonable."

The primary legal issue before the FWC was whether the proposed enterprise agreement was fair and reasonable. This involved assessing whether the agreement provided for fair and reasonable terms and conditions for the employees covered by the agreement, including matters such as wages, hours of work, leave entitlements, and other employment-related terms. The FWC also had to determine whether the agreement met the requirements for being a "simplified agreement," given that it was proposed by a single employer.

The FWC found that the agreement was fair and reasonable, despite the objections raised by the AMWU. The Commission considered that the agreement provided for fair and reasonable terms and conditions for the employees covered by it. The FWC was satisfied that the agreement included provisions for wages, leave entitlements, and other employment-related terms that were fair and reasonable. Additionally, the FWC found that the agreement met the criteria for being a "simplified agreement" as it was proposed by a single employer and did not involve any significant changes to existing employment conditions. Consequently, the FWC approved the Eastern Creek Logistics Enterprise Agreement 2018.

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