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

[2019] FWCA 1326

[2019] FWCA 1326

FAIR WORK COMMISSION

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

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<AE502044  PR705406>

Annexure A