Coca-Cola Europacific Partners (Aust) Pty Ltd T/A Coca-Cola Europacific Partners (Aust) Pty Ltd
[2024] FWCA 3219
•10 SEPTEMBER 2024
| [2024] FWCA 3219 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Coca-Cola Europacific Partners (Aust) Pty Ltd T/A Coca-Cola Europacific Partners (Aust) Pty Ltd
(AG2024/3079)
COCA-COLA EUROPACIFIC PARTNERS (AUST) PTY LTD – ENTERPRISE AGREEMENT 2024 – 2027, MANUFACTURING OPERATIONS, WESTERN AUSTRALIA
| Food, beverages and tobacco manufacturing industry | |
| DEPUTY PRESIDENT O’KEEFFE | PERTH, 10 SEPTEMBER 2024 |
Application for approval of the Coca-Cola Europacific Partners (Aust) Pty Ltd – Enterprise Agreement 2024 – 2027, Manufacturing Operations, Western Australia
An application has been made for approval of an enterprise agreement known as the Coca-Cola Europacific Partners (Aust) Pty Ltd – Enterprise Agreement 2024 – 2027, Manufacturing Operations, Western Australia (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.
The Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 (Cth) (Amending Act) made a number of changes to enterprise agreement approval processes in Part 2-4 of the Fair Work Act, that commenced operation on 6 June 2023. The notification time for the Agreement under s.173(2) was 29 January 2024 and the Agreement was made on 31 July 2024. Accordingly, both the genuine agreement and the better off overall test requirements are those applying on and from 6 June 2023.
The Applicant expressed the view that the Agreement passes the Better Off Overall Test (BOOT) and provided a summary of why it expressed this view. Consistent with s.193A(3) of the Act I have given consideration to this view when determining whether the Agreement passes the BOOT. The United Workers Union (UWU) who were a bargaining agent, did not express a view as to whether the Agreement passes the BOOT.
The Applicant has provided written 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.
In examining the material lodged in the application it became apparent that there were two minor errors in the NERR that was distributed by the Applicant. However, I am satisfied that those errors have had no effect on the process of making the Agreement and so pursuant to s.188(5) of the Act I have disregarded them.
Subject to the undertakings referred to above, I am satisfied that each requirement of ss186, 187 and 188 as are relevant to this application for approval have been met. The undertakings are taken to be a term of the Agreement.
The UWU 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 UWU.
The Agreement is approved and, in accordance with s.54 of the Act, will operate from 17 September 2024. The nominal expiry date of the Agreement is 31 July 2027.
DEPUTY PRESIDENT
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