“Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers' Union (AMWU) v Coca Cola Europacific Partners Australia Pty Limited

[2022] FWC 2386

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.437—Protected action

“Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU)
v

Coca Cola Europacific Partners Australia Pty Limited

(B2022/1349)

DEPUTY PRESIDENT CLANCY

MELBOURNE, 8 SEPTEMBER 2022

Proposed protected action ballot of employees of Coca Cola Europacific Partners Australia Pty Limited.

This is an application by the “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) (Applicant) made under s.437 of the Fair Work Act 2009 (Act) for a protected action ballot order in relation to certain employees of Coca Cola Europacific Partners Australia Pty Limited (Respondent).

On 8 September 2022, my Associate was advised that the Respondent did not object to the application.

In the circumstances, I have decided to determine the matter on the papers without holding a hearing.

On the basis of the material before me, including the declaration of Mr Andrew Bonello of the Applicant setting out the steps taken by it in bargaining with the Respondent and that it has been, and is, genuinely trying to reach agreement with the Respondent, I am satisfied that there is a notification time in relation to the proposed agreement and that the requirements in s.443(1) of the Act have been met.

An order has been separately issued in PR745612.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case before the Fair Work Commission was brought by the Australian Manufacturing Workers’ Union (AMWU) against Coca Cola Europacific Partners Australia Pty Limited. The AMWU sought a protected action ballot order in relation to certain employees of the respondent, as permitted under section 437 of the Fair Work Act 2009. The respondent did not object to the application, and the Deputy President Clancy decided to determine the matter on the papers without holding a hearing. The AMWU claimed to have genuinely tried to reach an agreement with the respondent during the bargaining process.

The legal issue before the Fair Work Commission was whether the AMWU had met the requirements of section 437 of the Fair Work Act 2009 for a protected action ballot order. Specifically, the Commission had to consider whether the AMWU had fulfilled the notification time for the proposed agreement and met the requirements of section 443(1) of the Act. The AMWU submitted a declaration from Mr. Andrew Bonello, outlining the steps taken in bargaining with the respondent and their genuine efforts to reach an agreement. The Commission accepted the material presented and determined that the AMWU had met the necessary requirements.

The Fair Work Commission, satisfied that the AMWU had met the requirements for a protected action ballot order, granted the application. An order was separately issued in PR745612, allowing the AMWU to proceed with the ballot. The Commission based its decision on the evidence presented by the AMWU, including Mr. Bonello's declaration, which demonstrated the union's genuine attempts to reach an agreement with Coca Cola Europacific Partners Australia Pty Limited. The Deputy President Clancy issued the decision on 8 September 2022.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established