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

[2018] FWCA 495

[2018] FWCA 495

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Coca Cola Amatil (Aust) Pty Ltd T/A Coca Cola Amatil
(AG2017/4793)

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

Food, beverages and tobacco manufacturing industry
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 24 JANUARY 2018

Application for approval of the Coca-Cola Amatil (Aust) Pty Ltd, South Australian Manufacturing 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 Manufacturing 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 T/A Coca Cola Amatil. The Agreement is a single enterprise agreement.

[2] The Applicant 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[4] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) and United Voice being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers the organisations.

[5] The Agreement was approved on 24 January 2018 and, in accordance with s.54, will operate from 31 January 2018. The nominal expiry date of the Agreement is 31 August 2019.

COMMISSIONER

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Annexure A