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

[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

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, Coca-Cola Europacific Partners (Aust) Pty Ltd, sought approval of a proposed enterprise agreement, which was to govern the employment conditions of its employees involved in manufacturing operations in Western Australia. The application was made to the Fair Work Commission, which was required to determine whether the proposed agreement met the criteria for approval under the Fair Work Act 2009. The applicant argued that the agreement was appropriate and necessary for the management of its business, while the respondent, the Australian Manufacturing Workers' Union, contested the application on several grounds, including the adequacy of the agreement's provisions concerning pay rates, conditions, and dispute resolution.

The key legal issues the Commission needed to resolve were whether the proposed agreement complied with the statutory requirements for approval, including whether it provided for genuine bargaining, whether it contained terms and conditions that were fair and reasonable, and whether it would lead to improved industrial relations outcomes. The Commission also needed to consider the arguments presented by both parties regarding the impact of the proposed agreement on the employees' rights and the applicant's ability to manage its business effectively.

After considering the evidence and submissions from both parties, the Commission found that the proposed agreement met the statutory criteria for approval. The Commission concluded that the agreement had been genuinely negotiated, contained fair and reasonable terms and conditions, and would lead to improved industrial relations outcomes. The Commission also found that the agreement did not undermine the rights of the employees and that it was in the best interests of the applicant to manage its business effectively. Consequently, the Commission approved the proposed enterprise agreement, subject to certain modifications that were necessary to ensure compliance with the Fair Work Act 2009.

The Commission's final orders included the approval of the proposed enterprise agreement, with the modifications made to the agreement to ensure compliance with the Fair Work Act 2009. The approved agreement was to apply to the employees involved in manufacturing operations in Western Australia and was to be registered with the Fair Work Commission. The applicant was required to take all necessary steps to give effect to the approved agreement, including providing a copy of the agreement to each affected employee and to the respondent union. The respondent union was required to inform its members of the approved agreement and to take all necessary steps to ensure compliance with the agreement by the applicant and its employees.

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

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established