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

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the recent case before the Fair Work Commission, Coca Cola Amatil (Aust) Pty Ltd, trading as Coca Cola Amatil, sought approval for the Coca-Cola Amatil (Aust) Pty Ltd, South Australian Manufacturing Employees Enterprise Agreement 2017-2019. The application was opposed by the Australian Manufacturing Workers' Union, which argued that certain provisions of the agreement were not in line with the Fair Work Act 2009. The case centred on whether the proposed enterprise agreement met the statutory requirements for approval under Australian labour law.

The primary legal issues before the Commission were whether the agreement complied with the procedural and substantive requirements of the Fair Work Act. Procedurally, the Commission had to determine whether proper consultation and bargaining processes were followed in the negotiation and drafting of the agreement. Substantively, the Commission had to assess whether the terms and conditions within the agreement met the 'better off overall test', ensuring that employees were not disadvantaged compared to their previous conditions.

The Fair Work Commission found that the agreement was procedurally sound, having been developed through genuine and meaningful consultation and negotiation. Regarding the substantive issues, the Commission noted that the proposed agreement provided for a fair balance of rights and obligations between the employer and employees. It found that the agreement met the better off overall test and contained provisions that were in line with the objectives of the Fair Work Act, such as promoting productivity and workplace harmony. Consequently, the Commission approved the proposed enterprise agreement.

The final orders of the Commission included the approval of the Coca-Cola Amatil (Aust) Pty Ltd, South Australian Manufacturing Employees Enterprise Agreement 2017-2019, with the conditions that it be registered with the Fair Work Commission and that it commence on the specified date as outlined in the agreement. The decision ensures that the agreement will govern the employment conditions of the employees covered by it, subject to the Fair Work Act.

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