Coca Cola Amatil T/A Coca-Cola Europacific Partners

[2021] FWCA 3994

[2021] FWCA 3994

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Coca Cola Amatil T/A Coca-Cola Europacific Partners
(AG2021/5736)

COCA-COLA EUROPACIFIC PARTNERS EQUIPMENT AND SERVICE (METRO SA) ENTEPRISE AGREEMENT 2021 - 2023

Food, beverages and tobacco manufacturing industry
COMMISSIONER PLATT	ADELAIDE, 8 JULY 2021

Application for approval of the Coca-Cola Europacific Partners Equipment and Service (Metro SA) Enterprise Agreement 2021-2023.

[1] An application has been made for approval of an enterprise agreement known as the Coca-Cola Europacific Partners Equipment and Service (Metro SA) Enterprise Agreement 2021-2023 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act) by Coca Cola Amatil T/A Coca-Cola Europacific Partners (the Applicant). The agreement is a single enterprise agreement.

[2] The matter was allocated to my Chambers on 29 June 2021.

[3] On 6 July 2021, I conducted a telephone conference with the parties to seek clarification about aspects of the Agreement and invited the Applicant to address these matters including through the provision of an undertaking.

[4] The Applicant has submitted an undertaking in the required form dated 7 July 2021. The undertaking deals with the following topics:

•  Clause 6.9.4 of the Agreement, concerning public holidays, will not operate in a way that is inconsistent with s.114 of the Act.

•  Clause 6.11.1(d) is deleted and replaced with a term ensuring that variations to redundancy can only be made by the employer in compliance with the National Employment Standards (NES).

•  The rates in the Agreement will apply at test time.

•  Adult apprentices who are new employees to the company will be paid as a Level 3 apprentice for the first 3 years of their employment and will progress to Level 4 in their fourth year.

•  There is no longer an obligation on employees to complete “some training being undertaken in their own time on a non-paid basis” as per clause 4.2.

•  Clause 6.11.1(c) is deleted from the Agreement.

•  Clause 6.5.6 is amended to ensure that on termination, time off for overtime worked by the employee (TOIL) that has not been taken will be paid out at the overtime rate applicable to the overtime when worked.

[5] A copy of the undertaking has been provided to the bargaining representatives and I have sought their views in accordance with s.190(4) of the Act. The bargaining representatives did not express any view on the undertaking.

[6] The undertaking appears to meet the requirements of s.190(3) of the Act and I have accepted it. As a result, the undertakings are taken to be a term of the Agreement.

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

[8] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 days after the date of approval of the Agreement. The nominal expiry date is 17 July 2023.

COMMISSIONER

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