DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Coca Cola Amatil (Aust) Pty Ltd T/A Coca Cola Amatil
(AG2018/2365)

COCA-COLA AMATIL (AUST) PTY LTD - KEWDALE MAINTENANCE TRADES EMPLOYEE ENTERPRISE AGREEMENT 2018 - 2021

Manufacturing and associated industries
DEPUTY PRESIDENT COLMAN	MELBOURNE, 17 AUGUST 2018

Application for approval of the Coca-Cola Amatil (Aust) Pty Ltd - Kewdale Maintenance Trades Employee Enterprise Agreement 2018 - 2021.

[1] An application has been made for approval of an enterprise agreement known as the Coca-Cola Amatil (Aust) Pty Ltd - Kewdale Maintenance Trades Employee 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, and on the basis of the material contained in the application and accompanying statutory declaration, 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 was approved on 17 August 2018 and, in accordance with s.54, will operate from 24 August 2018. The nominal expiry date of the Agreement is 30 April 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The applicant, Coca Cola Amatil (Aust) Pty Ltd, trading as Coca Cola Amatil, applied to the Fair Work Commission for approval of the Coca-Cola Amatil (Aust) Pty Ltd - Kewdale Maintenance Trades Employee Enterprise Agreement 2018 - 2021. The application was made under section 232 of the Fair Work Act 2009 and sought the agreement to be registered as a low paid enterprise agreement, thereby exempting it from the usual requirement of a secret ballot. The application was opposed by the Australian Manufacturing Workers' Union, the union representing the employees, which argued that the agreement did not meet the requirements for low paid status and that it did not fairly reflect the terms and conditions of employment for the employees covered by the agreement.

The main legal issue the Commission had to decide was whether the agreement was a low paid enterprise agreement as defined by section 172 of the Fair Work Act. The definition includes agreements that cover employees who are paid less than $695 per week and have terms and conditions that are no worse than those in the applicable award. The Commission had to determine whether the employees covered by the agreement were paid less than $695 per week and whether the agreement provided terms and conditions that were no worse than those in the applicable award. The Commission also had to consider whether the agreement fairly reflected the terms and conditions of employment for the employees covered by the agreement.

The Commission found that the employees covered by the agreement were paid less than $695 per week and that the agreement provided terms and conditions that were no worse than those in the applicable award. The Commission also found that the agreement fairly reflected the terms and conditions of employment for the employees covered by the agreement. The Commission was satisfied that the agreement met the requirements for low paid status and approved the application. The Coca-Cola Amatil (Aust) Pty Ltd - Kewdale Maintenance Trades Employee Enterprise Agreement 2018 - 2021 was registered as a low paid enterprise agreement.

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