DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Coca-Cola Amatil Limited T/A Coca Cola
(AG2017/4639)

COCA-COLA AMATIL (AUST) PTY LTD, WESTERN AUSTRALIA EQUIPMENT SERVICES ENTERPRISE AGREEMENT 2017

Electrical contracting industry
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 31 JANUARY 2018

Application for approval of the Coca-Cola Amatil (Aust) Pty Ltd, Western Australia Equipment Services Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Coca-Cola Amatil (Aust) Pty Ltd, Western Australia Equipment Services Enterprise Agreement 2017 (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 Limited T/A Coca Cola. The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 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.

[3] The Australian Manufacturing Workers’ Union 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) I note that the Agreement covers the organisation.

[4] The Agreement was approved on 31 January 2018 and, in accordance with s.54, will operate from 7 February 2018. The nominal expiry date of the Agreement is 15 July 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In this case, Coca-Cola Amatil Limited, trading as Coca Cola, sought the approval of the Coca-Cola Amatil (Aust) Pty Ltd, Western Australia Equipment Services Enterprise Agreement 2017. The application was brought before the Fair Work Commission, which is responsible for the approval of such agreements under Australian labour laws. The dispute centred around whether the proposed agreement met the statutory requirements for enterprise agreements and whether it was in the best interests of the employees involved.

The primary legal issues that the court needed to address were whether the agreement contained the necessary terms as mandated by the Fair Work Act 2009, and whether the agreement was made in good faith and without coercion. The court also had to consider whether the agreement provided a fair and reasonable outcome for the employees, taking into account their rights and entitlements under the Act.

The court found that the agreement contained all the necessary terms as required by the Fair Work Act, including those relating to wages, hours of work, and other conditions of employment. The court further determined that the agreement was made in good faith and without coercion, and that it provided a fair and reasonable outcome for the employees. The court was satisfied that the agreement met the statutory requirements and was in the best interests of the employees. Consequently, the court approved the Coca-Cola Amatil (Aust) Pty Ltd, Western Australia Equipment Services Enterprise Agreement 2017.

No additional orders were made by the court beyond the approval of the enterprise agreement. The decision confirms the importance of ensuring that enterprise agreements comply with statutory requirements and are made in good faith, while also providing fair outcomes for employees.

Coca-Cola Amatil Limited T/A Coca Cola

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established