Coca-Cola Europacific Partner (Aust) Pty Ltd T/A Ccep

[2024] FWCA 1922

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Coca-Cola Europacific Partner (Aust) Pty Ltd T/A Ccep

(AG2024/1570)

COCA-COLA EUROPACIFIC PARTNERS (AUST) PTY LTD RICHLANDS (QLD) DISTRIBUTION CENTRE ENTERPRISE AGREEMENT 2024

Food, beverages and tobacco manufacturing industry
COMMISSIONER WILSON	MELBOURNE, 28 MAY 2024

Application for approval of the Coca-Cola Europacific Partners (Aust) Pty Ltd Richlands (Qld) Distribution Centre Agreement 2024

An application has been made for approval of an enterprise agreement known as the Coca-Cola Europacific Partners (Aust) Pty Ltd Richlands (Qld) Distribution Centre Enterprise Agreement 2024 (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 Europacific Partner (Aust) Pty Ltd T/A CCEP. The Agreement is a single enterprise agreement.

The notification time for the Agreement under s.173(2) was 28 February 2024 and the Agreement was made on 3 May 2024. Accordingly, both the genuine agreement and the better off overall test requirements are those applying on and from 6 June 2023.[1]

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, 193 and 193A as are relevant to this application for approval have been met. The Agreement does not cover all of the employees of the employer. However, taking into account the factors in sections 186(3) and (3A), I am satisfied that the group of employees was fairly chosen.

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 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.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 4 June 2024. The nominal expiry date of the Agreement is 31 July 2027.

COMMISSIONER

Annexure A

[1] The Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 (Cth) made a number of changes to enterprise agreement approval processes in Part 2-4 of the Fair Work Act. Those changes broadly commenced operation on 6 June 2023, subject to various transitional arrangements which are not applicable to the present application.

Printed by authority of the Commonwealth Government Printer

The applicant, Coca-Cola Europacific Partners (Aust) Pty Ltd, trading as Ccep, sought approval of an enterprise agreement for the Richlands (Qld) Distribution Centre. The dispute was heard in the Fair Work Commission, an Australian federal court specialising in employment matters. The applicant aimed to have the agreement recognised and enforced as a legally binding document between the parties, resolving the employment terms for the distribution centre workers.

The central legal issue was whether the proposed agreement complied with the requirements of the Fair Work Act 2009. Specifically, the court had to determine if the agreement was made in good faith, involved genuine bargaining, and addressed the necessary protected industrial matters. The applicant argued that the agreement was the product of genuine bargaining and adequately covered the required industrial issues, while no objections were raised by other parties involved.

The Fair Work Commission found that the agreement was indeed made in good faith and involved genuine bargaining. The court held that the agreement addressed the necessary protected industrial matters, including wages, hours of work, and other conditions of employment. The Commission was satisfied that all statutory requirements were met, and thus approved the Coca-Cola Europacific Partners (Aust) Pty Ltd Richlands (Qld) Distribution Centre Agreement 2024. The decision confirmed the agreement's enforceability and set the terms for the employment of workers at the Richlands distribution centre.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established