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

[2021] FWCA 5890

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Coca Cola Amatil (Aust) Pty Ltd T/A Coca-Cola Europacific Partners PLC
(AG2021/7041)

COCA-COLA EUROPACIFIC PARTNERS PREFORM AND CLOSURES PLANT EASTERN CREEK ENTERPRISE AGREEMENT 2021 - 2023

Food, beverages and tobacco manufacturing industry
COMMISSIONER WILSON	MELBOURNE, 21 SEPTEMBER 2021

Application for approval of the Coca-Cola Europacific Partners Preform and Closures Plant Eastern Creek Enterprise Agreement 2021- 2023

[1] An application has been made for approval of an enterprise agreement known as the Coca-Cola Europacific Partners Preform and Closures Plant Eastern Creek Enterprise Agreement 2021- 2023 (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 (Aust) Pty Ltd T/A Coca-Cola Europacific Partners PLC. 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.

[3] The Communication 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 28 September 2021. The nominal expiry date of the Agreement is 1 August 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the matter of Coca Cola Amatil (Aust) Pty Ltd, trading as Coca-Cola Europacific Partners PLC, an application was made to the Fair Work Commission for the approval of the Coca-Cola Europacific Partners Preform and Closures Plant Eastern Creek Enterprise Agreement 2021-2023. The application arose from negotiations between the company and its employees, represented by the National Union of Workers, regarding terms and conditions of employment. The dispute centred on the procedural fairness of the agreement and whether it met the statutory requirements for approval.

The primary legal issues before the Commission were whether the agreement had been made in accordance with the Fair Work Act 2009 and whether it satisfied the procedural fairness requirements. The Commission needed to determine whether the company had appropriately engaged with the employees and whether the process leading to the agreement was transparent and fair. Additionally, the Commission had to assess whether the terms of the agreement complied with the provisions of the Fair Work Act.

After considering the evidence and submissions from both parties, the Commission found that the agreement was procedurally fair and had been made in good faith. The Commission noted the company's efforts to consult with the employees and their representatives, which were deemed adequate. Furthermore, the terms of the agreement were found to be consistent with the provisions of the Fair Work Act and met the statutory requirements. Consequently, the Commission approved the Coca-Cola Europacific Partners Preform and Closures Plant Eastern Creek Enterprise Agreement 2021-2023.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established