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

[2024] FWCA 3255

[2024] FWCA 3255

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

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

(AG2024/3141)

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

Food, beverages and tobacco manufacturing industry
DEPUTY PRESIDENT ROBERTS	SYDNEY, 17 SEPTEMBER 2024

Application for approval of the Coca-Cola Europacific Partners Equipment Field Service (NSW) Enterprise Agreement 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 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 Partners (Aust) Pty Ltd (the Applicant). The Agreement is a single enterprise agreement.

1. The Applicant has provided written undertakings (Annexure A). In accordance with s.190(4) of the Act the views of the bargaining representatives for the agreement were sought in relation to the undertakings. 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.

1. Subject to the undertakings referred to above, I am satisfied that each requirement of ss186, 187 and 188 as is relevant to this application for approval has been met. The undertakings are taken to be a term of the Agreement.

1. I note that Clause 7 of the Agreement provides that the National Employment Standards (NES) will apply to all employees covered by the Agreement and where there is an inconsistency between the Agreement and the NES and the NES provides a greater benefit, the NES provision will apply to the extent of the inconsistency. This resolves the issue of any potential inconsistencies between the terms of the Agreement, including clause 37, and the NES.

1. The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing, and Allied Services Union (CEPU) lodged a Form F18 statutory declaration giving notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) of the Act, I note the Agreement covers the CEPU.

1. The Agreement is approved and will operate in accordance with s.54 of the Act. The nominal expiry date of the Agreement is 15 August 2027.

DEPUTY PRESIDENT

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