DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Coca Cola Amatil (Aust) Pty Ltd T/A Coca-Cola Europacific Partners PLC
(AG2021/6554)

COCA-COLA EUROPACIFIC PARTNERS EQUIPMENT FIELD SERVICE (NSW) ENTERPRISE AGREEMENT 2021-2024

Food, beverages and tobacco manufacturing industry
DEPUTY PRESIDENT SAUNDERS	NEWCASTLE, 19 AUGUST 2021

Application for approval of the Coca-Cola Europacific Partners Equipment Field Service (NSW) Enterprise Agreement 2021-2024.

[1] An application has been made for approval of an enterprise agreement known as the Coca-Cola Europacific Partners Equipment Field Service (NSW) Enterprise Agreement 2021-2024 (Agreement). The application was made pursuant to section 185 of the Fair Work Act 2009 (Act). The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings (Undertakings). A copy of the Undertakings is attached in Annexure A to this decision. I am satisfied that the effect of accepting the Undertakings is not likely to:

(a) cause financial detriment to any employee covered by the Agreement; or

(b) result in substantial changes to the Agreement.

[3] The views of each person who the Fair Work Commission knows is a bargaining representative for the Agreement have been sought in relation to the Undertakings.

[4] Pursuant to subsection 190(3) of the Act, I accept the Undertakings. The Undertakings are taken to be a term of the Agreement.

[5] Subject to the Undertakings, I am satisfied that each of the requirements of sections 186, 187, 188 and 190 as are relevant to this application for approval have been met.

[6] 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 section 183 of the Act that it wants the Agreement to cover it. In accordance with subsection 201(2) of the Act, I note that the Agreement covers the organisation.

[7] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union being a bargaining representative for the Agreement, has given notice under section 183 of the Act that it wants the Agreement to cover it. In accordance with subsection 201(2) of the Act, I note that the Agreement covers the organisation.

[8] The Agreement is approved and, in accordance with section 54 of the Act, will operate from 26 August 2021. The nominal expiry date of the Agreement is 15 August 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The application for approval of the Coca-Cola Europacific Partners Equipment Field Service (NSW) Enterprise Agreement 2021-2024 was heard by the Fair Work Commission. The applicant, Coca Cola Amatil (Aust) Pty Ltd trading as Coca-Cola Europacific Partners PLC, sought approval for the proposed enterprise agreement between itself and the union representing the employees. The employees in question were engaged in the provision of equipment field service in New South Wales. The union argued against the approval of the agreement on various grounds, including the impact on employee working conditions and the fairness of the proposed terms.

The central legal issue before the commission was whether the proposed enterprise agreement met the criteria for approval under the Fair Work Act 2009. Specifically, the commission had to determine if the agreement was a "better off overall test" (BOOT) agreement, which requires that the terms of the agreement be no less favourable to the employees than the terms of their previous enterprise agreement or the relevant award. The commission also had to consider if the agreement complied with the procedural fairness requirements and whether any provisions were contrary to public policy or contrary to the objects of the Act.

In delivering its decision, the commission examined the proposed agreement in detail, considering the arguments from both parties. The commission found that the agreement met the BOOT requirement and did not contain any terms that were less favourable to the employees than their previous agreement or the relevant award. The commission also determined that the agreement complied with procedural fairness and did not contravene any public policy or the objects of the Act. Consequently, the commission approved the Coca-Cola Europacific Partners Equipment Field Service (NSW) Enterprise Agreement 2021-2024, as it satisfied all the legal criteria for approval.

The final orders of the commission were that the Coca-Cola Europacific Partners Equipment Field Service (NSW) Enterprise Agreement 2021-2024 be approved and registered as a registered agreement under the Fair Work Act 2009. This decision meant that the terms of the agreement would govern the employment conditions of the employees within the specified period, subject to the ongoing obligations and rights of the parties under the Act.

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

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established