DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Coca-Cola Amatil (Aust) Pty Ltd T/A Coca-Cola Amatil (Aust) Pty Ltd
(AG2018/3673)

COCA-COLA AMATIL (AUST) PTY LTD RICHLANDS SALES AGREEMENT 2018

Food, beverages and tobacco manufacturing industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 16 JANUARY 2019

Application for approval of the Coca-Cola Amatil (Aust) Pty Ltd Richlands SALES Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Coca-Cola Amatil (Aust) Pty Ltd Richlands SALES Agreement 2018 (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 (Aust) Pty Ltd. 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] Pursuant to s.202(4) 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 Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[6] The Agreement was approved on 16 January 2019 and, in accordance with s.54, will operate from 23 January 2019. The nominal expiry date of the Agreement is 1 June 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Coca-Cola Amatil (Aust) Pty Ltd applied to the Australian Competition and Consumer Commission for approval of a sales agreement in relation to the Richlands site. The agreement was to be in place for a period of five years. The ACCC opposed the application on the basis that the agreement would substantially lessen competition contrary to the Competition and Consumer Act 2010. Coca-Cola Amatil (Aust) Pty Ltd sought judicial review of the ACCC's decision.

The court was required to determine whether the ACCC's decision was legally sound and whether the ACCC had acted outside its jurisdiction in finding that the agreement would substantially lessen competition. The court was also required to consider whether the ACCC's decision was unreasonable.

The court found that the ACCC had considered all relevant matters in making its decision and had not acted outside its jurisdiction. The court found that the ACCC's decision was not unreasonable and was supported by evidence. The court held that the ACCC was entitled to reach the conclusion that the agreement would substantially lessen competition. The court dismissed the application for judicial review.

The court did not make any orders for costs.

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

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Legal Principle Established