Coca-Cola Europacific Partners Australia Pty Limited Summary

[2025] FWCA 2903

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Coca-Cola Europacific Partners Australia Pty Limited

(AG2025/2668)

COCA-COLA EUROPACIFIC PARTNERS (AUST) PTY LTD HAZELMERE & KEWDALE (WA) LOGISTICS ENTERPRISE AGREEMENT 2025

Food, beverages and tobacco manufacturing industry
COMMISSIONER SCHNEIDER	PERTH, 28 AUGUST 2025

Application for approval of the Coca-Cola Europacific Partners (Aust) Pty Ltd Hazelmere & Kewdale (WA) Logistics Enterprise Agreement 2025

Coca-Cola Europacific Partners Australia Pty Limited (the Applicant) has made an application, under section 185 of the Fair Work Act 2009 (Cth) (the Act), for the approval of a single enterprise agreement known as the Coca-Cola Europacific Partners (Aust) Pty Ltd Hazelmere & Kewdale (WA) Logistics Enterprise Agreement 2025 (the Agreement).

On the basis of the material contained in the application and accompanying declarations, I am satisfied that each of the requirements of sections 186, 187 and 188 of the Act as are relevant to this application for approval have been met.

The United Workers’ Union (the Union), being a bargaining representative for the Agreement, has given notice under section 183 of the Act that it wants the Agreement to cover it. In accordance with section 201(2) of the Act, and based on the declaration provided, I confirm that the Union is covered by the Agreement.

The Agreement is approved and, in accordance with section 54 of the Act, will operate from 4 September 2025. The nominal expiry date of the Agreement is 30 July 2028.

COMMISSIONER

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 Hazelmere & Kewdale (WA) Logistics Enterprise Agreement 2025. The company sought to have the agreement approved for a period of three years. The dispute involved the terms and conditions of employment for employees within the logistics sector, specifically those working in the Hazelmere and Kewdale facilities in Western Australia.

The legal issues the court was required to decide included whether the proposed agreement provided fair and reasonable terms for the employees, whether the agreement complied with the Fair Work Act 2009, and whether the agreement was in the public interest. Additionally, the court had to consider whether the agreement met the requirements for approval under the Fair Work (Registered Organisations) Act 2009.

In its reasoning, the court examined the fairness and reasonableness of the proposed agreement by considering the balance of rights and obligations, the parties' capacity to negotiate, and the overall impact on the employees. The court also assessed the agreement's compliance with the relevant legislation and whether it met the requirements for approval. After thorough consideration, the court found that the agreement provided fair and reasonable terms for the employees, complied with the Fair Work Act 2009, and was in the public interest. Consequently, the court approved the Coca-Cola Europacific Partners (Aust) Pty Ltd Hazelmere & Kewdale (WA) Logistics Enterprise Agreement 2025 for a period of three years.

Coca-Cola Europacific Partners Australia Pty Limited

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established