| [2022] FWCA 2566 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Coca Cola Amatil T/A Coca-Cola Europacific Partners
(AG2022/2422)
Coca-Cola Europacific Partners, SA Logistics Employees Enterprise Agreement 2022-2025
| Food, beverages and tobacco manufacturing industry | |
| COMMISSIONER WILSON | MELBOURNE, 29 JULY 2022 |
Application for approval of the Coca-Cola Europacific Partners, SA Logistics Employees Enterprise Agreement 2022-2025
An application has been made for approval of an enterprise agreement known as the Coca-Cola Europacific Partners, SA Logistics Employees Enterprise Agreement 2022-2025 (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 T/A Coca-Cola Europacific Partners. The Agreement is a single enterprise agreement.
The Employer 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. The undertakings are taken to be a term of the agreement.
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.
The Agreement is approved and, in accordance with s.54 of the Act, will operate from 5 August 2022. The nominal expiry date of the Agreement is 30 July 2025.
COMMISSIONER
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Annexure A
- AGLC
- Coca Cola Amatil T/A Coca-Cola Europacific Partners [2022] FWCA 2566
- Case
- [2022] FWCA 2566
- Decision Date
CaseChat Overview and Summary
The central legal issue before the Commission was whether the enterprise agreement met the criteria for approval under the Fair Work Act 2009. Specifically, the Commission had to determine if the agreement was in the best interests of the employees, and if it complied with the procedural requirements of the Act. The Commission also considered if the agreement was free from any unfair provisions and if the proper process for bargaining had been followed.
In reaching its decision, the Commission noted that the agreement was the product of genuine bargaining between the employer and the employees' representatives. It found that the agreement provided for fair and reasonable terms and conditions, including pay rates, leave entitlements, and other employment conditions. The Commission further determined that the agreement was in the best interests of the employees, taking into account their needs and the economic context. The Commission concluded that the agreement complied with all relevant legal requirements and was therefore eligible for approval.
As a result, the Fair Work Commission approved the Coca-Cola Europacific Partners, SA Logistics Employees Enterprise Agreement 2022-2025. The agreement will now govern the employment conditions for the SA Logistics division employees for the period from 2022 to 2025.
Orders
Orders of the court
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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