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

[2023] FWCA 2003

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

(AG2023/1947)

COCA-COLA EUROPACIFIC PARTNERS EQUIPMENT AND SERVICE (METRO SA) ENTERPRISE AGREEMENT 2023 - 2026

Food, beverages and tobacco manufacturing industry
COMMISSIONER PLATT	ADELAIDE, 30 JUNE 2023

Application for approval of the Coca-Cola Europacific Partners Equipment and Service (Metro SA) Enterprise Agreement 2023 – 2026

An application has been made for approval of an enterprise agreement known as the Coca-Cola Europacific Partners Equipment and Service (Metro SA) Enterprise Agreement 2023 – 2026 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act) by Coca-Cola Europacific Partners (Aust) Pty Ltd T/A Coca-Cola Europacific Partners (Aust) Pty Ltd (the Applicant). The agreement is a single enterprise agreement.

The matter was allocated to my Chambers on 23 June 2023.

I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act as are relevant to this application for approval have been met.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 days after the date of approval of the Agreement. The nominal expiry date is 17 July 2026.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The application was brought before the Fair Work Commission by Coca-Cola Europacific Partners (Aust) Pty Ltd, seeking approval for the Coca-Cola Europacific Partners Equipment and Service (Metro SA) Enterprise Agreement 2023 – 2026. The agreement pertains to the employment conditions of employees in the Metro South Australia region who are part of the equipment and service sector. The dispute involved ensuring that the terms of the agreement complied with the Fair Work Act 2009 and were fair and reasonable for both parties.

The primary legal issue the court had to address was whether the proposed enterprise agreement met the criteria for approval under the Fair Work Act. This included examining whether the agreement provided for the terms and conditions of employment that were no less favourable than the applicable national workplace determination and whether it contained provisions that were fair and reasonable in all respects. The court also had to consider if the agreement was made in good faith and without coercion.

The Fair Work Commission assessed the agreement against the criteria set out in the Act. The Commission found that the agreement contained terms that were no less favourable than the applicable national workplace determination and that the provisions were fair and reasonable. The Commission was satisfied that the agreement was made in good faith and without any undue influence or coercion. Consequently, the Commission approved the Coca-Cola Europacific Partners Equipment and Service (Metro SA) Enterprise Agreement 2023 – 2026.

The Commission's decision was based on a thorough review of the agreement's provisions and the evidence presented by both parties. The approval of the agreement ensures that the employment terms for the specified employees are legally compliant and fair, providing a stable framework for industrial relations in the specified region.

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