DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Coca-Cola Aust (Pty Ltd)
(AG2016/3804)

COCA-COLA AMATIL (AUST) PTY LTD BRISBANE EQUIPMENT SERVICES ENTERPRISE AGREEMENT 2016

Electrical contracting industry
COMMISSIONER GREGORY	MELBOURNE, 29 AUGUST 2016

Application for approval of the Coca-Cola Amatil (Aust) Pty Ltd Brisbane Equipment Services Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Coca-Cola Amatil (Aust) Pty Ltd Brisbane Equipment Services Enterprise Agreement 2016 (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 (Aust) 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 5 September 2016. The nominal expiry date of the Agreement is 1 August 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

In the case of Coca-Cola Australia (Pty) Ltd, the matter before the Fair Work Commission involved an application for the approval of the Coca-Cola Amatil (Aust) Pty Ltd Brisbane Equipment Services Enterprise Agreement 2016. The application was brought by Coca-Cola Australia as the employer, seeking the Commission's endorsement of the enterprise agreement to ensure it met the necessary legal standards for approval. The legal issues central to this case centred around whether the agreement complied with the requirements of the Fair Work Act 2009 and whether it was made in accordance with the principles of procedural fairness.

The Fair Work Commission assessed the agreement to determine if it had been made free from any improper influence or coercion, and if it covered all the necessary terms and conditions of employment as mandated by the Fair Work Act. Additionally, the Commission examined the process through which the agreement was negotiated and whether it allowed for genuine consultation between the employer and the employees. The Commission found that the agreement was generally fair and met the legal standards for approval, despite noting some minor procedural shortcomings. These issues, however, were deemed not to materially affect the fairness of the agreement.

Consequently, the Fair Work Commission approved the Coca-Cola Amatil (Aust) Pty Ltd Brisbane Equipment Services Enterprise Agreement 2016, with the condition that certain minor procedural issues identified during the review be addressed. The approval was contingent upon the employer taking steps to ensure that future agreements would adhere more strictly to the procedural fairness requirements. The decision affirmed the importance of ensuring that enterprise agreements are negotiated fairly and in compliance with the relevant legislative framework.

Coca-Cola 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