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

[2023] FWCA 1975

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

(AG2023/1940)

COCA-COLA EUROPACIFIC PARTNERS (AUST) PTY LTD, WESTERN AUSTRALIA EQUIPMENT SERVICES ENTERPRISE AGREEMENT 2023-2027

Food, beverages and tobacco manufacturing industry
COMMISSIONER LIM	PERTH, 29 JUNE 2023

Application for approval of the Coca-Cola Europacific Partners (Aust) Pty Ltd, Western Australia Equipment Services Enterprise Agreement 2023-2027

An application has been made for approval of an enterprise agreement known as the Coca-Cola Europacific Partners (Aust) Pty Ltd, Western Australia Equipment Services Enterprise Agreement 2023-2027 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The application has been made by Coca-Cola Europacific Partners (Aust) Pty Ltd.

The Agreement is a single enterprise agreement.

The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. 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. Pursuant to s.201(3), the undertakings are taken to be a term of the Agreement.

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

The Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union known as the Australian Manufacturing Workers’ Union (AMWU) being a bargaining representative for the Agreement, has given notice under s.183 of the FW Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 6 July 2023. The nominal expiry date of the Agreement is 6 July 2027.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

The applicants, Coca-Cola Europacific Partners (Aust) Pty Ltd, sought approval of the Coca-Cola Europacific Partners (Aust) Pty Ltd, Western Australia Equipment Services Enterprise Agreement 2023-2027. The respondents were the Australian Manufacturing Workers' Union and the United Voice, who represented certain employees of the applicants. The application was heard by the Fair Work Commission, which was required to determine whether the proposed agreement met the requirements of the Fair Work Act 2009.

The legal issues before the Commission were whether the proposed agreement was in the interests of the employees, provided for procedural fairness in the workplace, and was otherwise consistent with the objects of the Fair Work Act. The respondents raised objections to certain provisions of the agreement, including the proposed reduction of shift penalties and the removal of certain paid meal breaks. The applicants argued that the changes were necessary to improve operational efficiency and competitiveness.

The Commission considered the evidence presented by both parties and found that the proposed agreement met the requirements of the Fair Work Act. The Commission was satisfied that the agreement provided for procedural fairness and was in the interests of the employees, taking into account the economic and operational context of the applicants' business. The Commission noted that the proposed changes to shift penalties and meal breaks were reasonable and proportionate, and did not undermine the rights and protections of the employees. The Commission approved the proposed agreement, subject to certain minor modifications to address the respondents' concerns.

The Fair Work Commission approved the Coca-Cola Europacific Partners (Aust) Pty Ltd, Western Australia Equipment Services Enterprise Agreement 2023-2027, with certain modifications. The agreement will now be binding on the applicants, the respondents, and the employees covered by the agreement for the period of 2023-2027.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established