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

[2019] FWCA 1190

[2019] FWCA 1190

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Coca-Cola Amatil (Aust.) Pty Ltd T/A Coca-Cola Amatil
(AG2018/7391)

COCA-COLA AMATIL (AUST) PTY LTD HAZELMERE LOGRSFICS ENTERPRISE AGREEMENT 2018

Food, beverages and tobacco manufacturing industry
COMMISSIONER LEE	MELBOURNE, 22 FEBRUARY 2019

Application for approval of the Coca-Cola Amatil (AUST) Pty Ltd - Hazelmere 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 - Hazelmere 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] United Voice 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.

[5] I observe that the following provisions are likely to be inconsistent with the National Employment Standards (NES):

•  Clause 24.1 - Redundancy

•  Clause 28 - Family Violence

However, noting clause 5 of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 1 March 2019. The nominal expiry date of the Agreement is 30 July 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

<AE501955  PR705234>

Annexure A