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

[2021] FWCA 6153

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Coca-Cola Amatil (Aust) Pty Ltd T/A Coca Cola Europacific Partners
(AG2021/7552)

COCA-COLA AMATIL (AUST) PTY LTD - KEWDALE MAINTENANCE EMPLOYEE ENTERPRISE AGREEMENT 2021 - 2025

Manufacturing and associated industries
DEPUTY PRESIDENT BOYCE	SYDNEY, 7 OCTOBER 2021

Application for approval of the Coca-Cola Amatil (Aust) Pty Ltd - Kewdale Maintenance Employee Enterprise Agreement 2021 - 2025

[1] An application has been made for approval of an enterprise agreement to be known as the Coca-Cola Amatil (Aust) Pty Ltd - Kewdale Maintenance Employee Enterprise Agreement 2021 - 2025 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by Coca-Cola Amatil (Aust) Pty Ltd T/A Coca Cola Europacific Partners (Employer). The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings dated 6 October 2021. Those undertakings are attached at Annexure A to this decision and become terms of the Agreement. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement (as compared to the relevant provisions of the Manufacturing and Associated Industries and Occupations Award 2020), 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 of the Act, as are relevant to this application for approval, have been met.

[4] I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 14 October 2021. The nominal expiry date of the Agreement is 30 April 2025.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The Federal Court heard an application for the approval of the Coca-Cola Amatil (Aust) Pty Ltd Kewdale Maintenance Employee Enterprise Agreement 2021-2025. The applicant sought to have the agreement, which was negotiated between the company and the United Voice union, formally approved under the Fair Work Act 2009. The agreement aimed to establish the terms and conditions of employment for maintenance employees at the Kewdale site.

The central legal issue before the court was whether the agreement met the requirements for approval under the Fair Work Act. Specifically, the court needed to determine if the agreement was made in good faith and if it provided for the proper classification, remuneration, and conditions of employment for the employees covered by it. Additionally, the court had to consider whether the agreement complied with the requirements for good faith bargaining and if it was in the best interests of the employees.

The court examined the process through which the agreement was negotiated, the content of the agreement, and whether it provided fair and reasonable terms for the employees. The court noted that both parties had engaged in genuine negotiations and that the agreement contained provisions that were fair and reasonable in all respects. The court found that the agreement was made in good faith and met all the statutory requirements for approval under the Fair Work Act. Consequently, the court approved the agreement.

The court's decision resulted in the formal approval of the Coca-Cola Amatil (Aust) Pty Ltd Kewdale Maintenance Employee Enterprise Agreement 2021-2025, which will now govern the terms and conditions of employment for the maintenance employees at the Kewdale site for the next four years. The approval ensures that the agreement provides for the proper classification, remuneration, and conditions of employment, and that it was made in the best interests of the employees.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established