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 (Aust) Pty Ltd
(AG2020/3159)

COCA-COLA AMATIL (AUST.) PTY LTD RICHLANDS (QLD) MAINTENANCE ENTERPRISE AGREEMENT 2019 - 2022

Manufacturing and associated industries
COMMISSIONER SPENCER	BRISBANE, 4 NOVEMBER 2020

Application for approval of the Coca-Cola Amatil (Aust.) Pty Ltd Richlands (QLD) Maintenance Enterprise Agreement 2019 - 2022.

[1] An application has been made for approval of an enterprise agreement known as the Coca-Cola Amatil (Aust.) Pty Ltd Richlands (QLD) Maintenance Enterprise Agreement 2019 - 2022 (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 Applicant). The Agreement is a single enterprise agreement.

[2] A number of matters were identified, and responses sought from the Applicant. The Applicant provided a response on 2 November 2020. The views of the employee bargaining representatives, and the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (the CEPU), being a bargaining representative for the Agreement, were sought regarding the undertakings. The CEPU and the employee bargaining representatives did not object to the undertakings.

[3] 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.

[4] Pursuant to s.202(2) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The CEPU gave 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 CEPU.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 11 November 2020. The nominal expiry date of the Agreement is 30 June 2022.

COMMISSIONER

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CaseChat Overview and Summary

In the Fair Work Commission, Coca-Cola Amatil (Aust) Pty Ltd, trading as Coca-Cola Amatil (Aust) Pty Ltd, applied for the approval of the Richlands (QLD) Maintenance Enterprise Agreement 2019 - 2022. The dispute centred around the terms and conditions of employment for the maintenance employees at the Richlands (QLD) facility, including issues such as pay rates, hours of work, and leave entitlements. The Commission was tasked with determining whether the agreement met the legal standards for enterprise agreements under the Fair Work Act 2009.

The primary legal issues involved assessing whether the agreement contained the minimum mandatory terms, whether the agreement was made in good faith, and if it was free from any improper influence or coercion. Additionally, the Commission needed to ensure that the agreement was consistent with the Fair Work Act and any relevant awards or agreements that may apply. The Commission carefully examined the submissions from both parties and considered the broader implications of the agreement on the employees and the employer.

After thorough consideration, the Commission found that the agreement met the legal requirements for an enterprise agreement. The agreement included all the necessary minimum terms, was made in good faith, and was free from any improper influence or coercion. The Commission concluded that the agreement was consistent with the Fair Work Act and did not contravene any relevant awards or agreements. Consequently, the Commission approved the Richlands (QLD) Maintenance Enterprise Agreement 2019 - 2022.

The Commission's final orders included the approval of the Richlands (QLD) Maintenance Enterprise Agreement 2019 - 2022, which was to be registered with the Fair Work Commission. The agreement was to apply to the employees covered by the agreement and would remain in effect until superseded by a new agreement or until terminated in accordance with the Fair Work Act.

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

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established