Coca-Cola Europacific Partner (Aust) Pty Ltd

[2023] FWCA 1989

[2023] FWCA 1989

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Coca-Cola Europacific Partner (Aust) Pty Ltd

(AG2023/1931)

MOORABBIN MANUFACTURING OPERATIONS ENTERPRISE AGREEMENT 2023

Food, beverages and tobacco manufacturing industry
COMMISSIONER PERICA	MELBOURNE, 30 JUNE 2023

Application for approval of the Coca-Cola Europacific Partners (Aust.) Pty Ltd Moorabbin Manufacturing Operations Enterprise Agreement 2023

1. An application has been made for approval of an enterprise agreement known as the Moorabin Manufacturing Operations Enterprise Agreement 2023 (the Agreement). The application is made under s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

1. The Fair Work Legislation Amendment (Secure Jobs Better Pay) Act 2022 (Cth) (the Amending Act) made a number of changes to enterprise agreement approval processes in Part 2-4 of the Act, that commenced operation on 6 June 2023.

1. Under the transitional amendments made by Part 14 of Schedule 1 to the Amending Act, the genuine agreement requirements for agreement approval applications apply where the notification time for the agreement was on or after 6 June 2023. The genuine agreement provisions in Part 2-4 of the Act, as it was just before 6 June 2023, continue to apply in relation to agreement approval applications where the notification time for the agreement was before 6 June 2023. The notification time for this Agreement was 16 March 2023.

1. Under the transitional arrangements, by Part 16 of Schedule 1 of the Amending Act, amendments made to the better off overall test requirements for agreement approval applications apply where the agreement was made on or after 6 June 2023. The better off overall test provisions in Part 2-4 of the Act, as it was before 6 June 2023, continue to apply in relation to agreement approval applications where the agreement was made before 6 June 2023. The Agreement was made on 5 June 2023.

1. 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.

1. The United Workers Union being a bargaining representative for the Agreement has given notice under s.183 of the Act that it wants the Agreement to cover it. I therefore note the Agreement covers the organisation under s.201(2) of the Act.

1. The Agreement is approved today Friday 30 June 2023. It will operate from 7 July 2023. The nominal expiry date is 30 June 2027.

COMMISSIONER

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