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

Annexure A

CaseChat Overview and Summary

In the Federal Circuit and Family Court of Australia, Coca-Cola Amatil (Aust.) Pty Ltd, trading as Coca-Cola Amatil, applied for approval of the Coca-Cola Amatil (AUST) Pty Ltd - Hazelmere Logistics Enterprise Agreement 2018. The application was made under section 234 of the Fair Work Act 2009. The respondents to the application were the Australian Manufacturing Workers' Union and two individuals, who had objected to the proposed agreement. The dispute centred on whether the proposed enterprise agreement met the criteria for approval as a simple, streamlined, and single-enterprise agreement, as well as whether it provided for fair and reasonable terms and conditions of employment.

The court was required to determine if the proposed agreement was genuinely negotiated, met the criteria for a single-enterprise agreement, and if it contained terms and conditions that were fair and reasonable. It was also necessary to consider whether the agreement contained any provisions that would unfairly discriminate against any employee or class of employees. The court assessed the negotiation process and the content of the agreement, including its compliance with relevant minimum standards set out in the Fair Work Act.

The court found that the proposed agreement had been genuinely negotiated between the employer and the union, and that it met the criteria for approval as a single-enterprise agreement. The court was satisfied that the agreement contained fair and reasonable terms and conditions of employment, and that it did not contain any provisions that would unfairly discriminate against any employee or class of employees. The court also considered the impact of the agreement on employees' terms and conditions of employment and found that it was not contrary to the objectives of the Fair Work Act. Based on these findings, the court approved the proposed enterprise agreement.

The final orders of the court included the approval of the Coca-Cola Amatil (AUST) Pty Ltd - Hazelmere Logistics Enterprise Agreement 2018, effective from 1 April 2018, and the registration of the agreement with the Fair Work Commission. The court also ordered that the agreement be published on the Fair Work Commission's website and that the parties provide a copy of the agreement to the Fair Work Ombudsman. The respondents' objections to the proposed agreement were dismissed.

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

DECISION

CaseChat Overview and Summary

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Background to the litigation

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Legal Principle Established