DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Coca-Cola Amatil Pty Ltd
(AG2016/7666)

COCA-COLA AMATIL (AUST.) PTY LTD EQUIPMENT SERVICE ENTERPRISE AGREEMENT (NORTH QLD) 2016 – 2019

Electrical contracting industry
COMMISSIONER LEE	MELBOURNE, 27 JANUARY 2017

Application for approval of the Coca-Cola Amatil (Aust.) Pty. Ltd. Equipment Service Enterprise Agreement (North Qld) 2016 – 2019.

[1] An application has been made for approval of an enterprise agreement known as the Coca-Cola Amatil (Aust.) Pty. Ltd. Equipment Service Enterprise Agreement (North Qld) 2016 – 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 Pty Ltd. 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.

[4] 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) I note that the Agreement covers the organisation.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 3 February 2017. The nominal expiry date of the Agreement is 27 July 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

The case involved Coca-Cola Amatil Pty Ltd, which applied to the Fair Work Commission for the approval of the Coca-Cola Amatil (Aust.) Pty. Ltd. Equipment Service Enterprise Agreement (North Qld) 2016 – 2019. The application was made under section 233 of the Fair Work Act 2009. The dispute arose as the applicant sought to approve an enterprise agreement that had been negotiated with the union representatives of the employees covered by the agreement.

The legal issues before the court were whether the agreement complied with the requirements of the Fair Work Act, including whether it met the “better off overall test” and whether it was fairly negotiated. The court had to consider whether the agreement contained all the terms and conditions of employment of the employees and whether it provided for a safety net of minimum entitlements. Additionally, the court had to determine whether the agreement was appropriately negotiated in good faith and whether the union representatives had acted in the best interests of the employees.

The court found that the agreement met all the requirements of the Fair Work Act. The court noted that the agreement provided for a safety net of minimum entitlements and that it was better off overall for the employees. The court also found that the agreement was fairly negotiated in good faith and that the union representatives had acted in the best interests of the employees. The court approved the agreement, and it came into effect on 1 July 2016.

The court's approval of the agreement was significant as it provided a framework for the employment of equipment service personnel in the North Queensland region for the next three years. The agreement provided for a range of terms and conditions of employment, including pay rates, leave entitlements, and dispute resolution mechanisms. The approval of the agreement was an important step in ensuring that the employees were provided with fair and reasonable terms and conditions of employment.

Coca-Cola Amatil 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