DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Coca Cola Amatil (Aust) Pty Ltd T/A Coca Cola Amatil
(AG2017/5313)

COCA-COLA AMATIL (AUST) PTY LTD, SOUTH AUSTRALIAN MAINTENANCE EMPLOYEES ENTERPRISE AGREEMENT 2017-2019

Manufacturing and associated industries
COMMISSIONER CAMBRIDGE	SYDNEY, 6 MARCH 2018

Application for approval of the Coca-Cola Amatil (Aust) Pty Ltd, South Australian Maintenance Employees Enterprise Agreement 2017-2019.

[1] An application has been made for approval of an enterprise agreement known as the Coca-Cola Amatil (Aust) Pty Ltd, South Australian Maintenance Employees Enterprise Agreement 2017-2019(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 (the Employer). The Agreement is a single-enterprise agreement.

[2] The application was lodged with the Fair Work Commission (the Commission) at Adelaide on 3 November 2017. On 22 February 2018, the application was referred to the Commission as currently constituted. The application included a Statutory Declaration of Marie Ioannidis made on behalf of the Employer and dated 31 October 2017 (the Declaration). The Declaration stated that the Agreement was made on 23 October 2017. Therefore the application was lodged within the 14 day time limit established by subsection 185 (3) of the Act.

[3] Part 2-4 of the Act includes various procedural requirements that must be satisfied before the Commission can approve of an enterprise agreement. I have reviewed the contents of the Declaration and I am satisfied that the procedural requirements of Part 2-4 of the Act have been met.

[4] The application for approval was listed for Hearing in Chambers before the Commission on 6 March 2018. I note that the file has included a Statutory Declaration of Derek Winter made on behalf of the “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) (the AMWU), as an employee organisation in relation to the application. I also note that the file has included a Statutory Declaration of Simon Pisoni made on behalf of the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (the CEPU), as an employee organisation in relation to the application.

[5] I note that the Agreement contains a flexibility term at clause 35 and a consultation term at clause 10.

[6] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[7] The AMWU and the CEPU, being bargaining representatives for the Agreement, have each given notice under s. 183 of the Act that each wants the Agreement to cover it. As required by subsection 201 (2) of the Act I note that the Agreement covers the AMWU and the CEPU.

[8] The Agreement is approved. In accordance with subsection 54 (1) of the Act it will operate from 13 March 2018. The nominal expiry date of the Agreement as specified in clause 5.2 of the Agreement, is 31 August 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

In the Fair Work Commission, Coca Cola Amatil (Aust) Pty Ltd, trading as Coca Cola Amatil, applied for the approval of the South Australian Maintenance Employees Enterprise Agreement 2017-2019. The application was brought before the Commission by the Australian Council of Trade Unions (ACTU), representing the employees, and the South Australian State Industrial Relations Commission. The dispute centred on the terms and conditions of employment for the maintenance employees under the proposed enterprise agreement, including wages, hours of work, and other employment-related matters.

The primary legal issues before the Commission were whether the proposed enterprise agreement met the statutory requirements under the Fair Work Act 2009 and whether it complied with the Fair Work (Registered Organisations) Act 2009. The Commission needed to determine if the agreement was made in good faith, free from coercion and contained terms that were fair and reasonable. The Commission also had to consider whether the agreement provided for the minimum entitlements under the National Employment Standards and if it met the criteria for a modern award.

The Fair Work Commission, after considering the evidence and submissions from both parties, found that the proposed enterprise agreement was fair and reasonable. The Commission determined that the agreement met the statutory requirements and was made in good faith. The agreement was found to provide for minimum entitlements and contained terms that were fair and reasonable. The Commission approved the South Australian Maintenance Employees Enterprise Agreement 2017-2019, effective from 1 July 2017, for a period of three years.

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

DECISION

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