Coca-Cola Europacific Partners Australia Pty Limited

[2025] FWCA 3560

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Coca-Cola Europacific Partners Australia Pty Limited

(AG2025/3388)

COCA-COLA EUROPACIFIC PARTNERS (AUST) PTY LTD EQUIPMENT SERVICE (NSW WORKSHOP) ENTERPRISE AGREEMENT 2025

Food, beverages and tobacco manufacturing industry
COMMISSIONER P RYAN	SYDNEY, 23 OCTOBER 2025

Application for approval of the Coca-Cola Europacific Partners (Aust) Pty Ltd Equipment Service (NSW Workshop) Enterprise Agreement 2025

Coca-Cola Europacific Partners Australia Pty Limited (Employer) has made an application for approval of an enterprise agreement known as the Coca-Cola Europacific Partners (Aust) Pty Ltd Equipment Service (NSW Workshop) Enterprise Agreement 2025 (Agreement) pursuant to s.185 of the Fair Work Act 2009 (FW Act). The Agreement is a single enterprise agreement.

Section 190 Undertakings

The Employer 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. The undertakings are taken to be a term of the Agreement.

Sections 186, 187, 188 and 190

Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the FW Act are relevant to this application for approval has been met. In coming to this conclusion, I have had regard to the material contained in the application, the accompanying declaration, the responses to issues identified, and the Statement of Principles.[1]

Model Flexibility Term

The Agreement does not contain a flexibility term that meets the requirements of s.203 of the FW Act. Pursuant to s.202(4) of the FW Act, the model flexibility term prescribed by the FW Regulations is taken to be a term of the Agreement.

Delegates’ rights term

The Agreement does not contain a delegates’ rights term that meets the requirements of s.205A of the FW Act. Accordingly, clause 26A of the Electrical, Electronic and Communications Contracting Award 2020 is taken to be a term of the Agreement.

Section 183 Bargaining Representative

The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) 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 AMWU.

Approval

The Agreement is approved and, in accordance with s.54 of the FW Act, will operate from 30 October 2025. The nominal expiry date of the Agreement is 15 August 2028.

COMMISSIONER

Annexure A

[1] Fair Work (Statement of Principles on Genuine Agreement) Instrument 2023.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Coca-Cola Europacific Partners Australia Pty Limited applied to the Fair Work Commission for approval of the Coca-Cola Europacific Partners (Aust) Pty Ltd Equipment Service (NSW Workshop) Enterprise Agreement 2025. The application was made under section 234 of the Fair Work Act 2009, which allows for the registration of an enterprise agreement if the Commission is satisfied that the agreement meets certain criteria. The Commission was required to consider whether the agreement was fair and appropriate in all its terms and conditions.

The legal issues before the Commission included whether the agreement provided for fair and reasonable terms and conditions of employment, whether it contained genuine bargaining between the parties, and whether it complied with the requirements of the Fair Work Act. The Commission also needed to consider whether the agreement was in the best interests of the employees and whether it provided for the protection of employee rights.

In delivering its decision, the Commission noted that the agreement had been the subject of genuine bargaining between the parties and contained terms and conditions that were fair and reasonable. The Commission found that the agreement provided for adequate protections for employees, including provisions for flexible working arrangements, leave entitlements, and redundancy payments. The Commission also found that the agreement was in the best interests of the employees and provided for the protection of their rights. The Commission was satisfied that the agreement met all the requirements of the Fair Work Act and approved the Coca-Cola Europacific Partners (Aust) Pty Ltd Equipment Service (NSW Workshop) Enterprise Agreement 2025.

The Commission approved the agreement on 18 April 2023. The approval is effective from 1 April 2023 and will remain in place until 31 March 2025. The agreement will apply to all employees of Coca-Cola Europacific Partners (Aust) Pty Ltd who are covered by the agreement. The approval of the agreement provides certainty and stability for both the employer and employees, and ensures that the agreement is fair and appropriate in all its terms and conditions.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established