Coca-Cola Europacific Partners Australia Pty Limited

[2022] FWCA 2792

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Coca-Cola Europacific Partners Australia Pty Limited

(AG2022/3275)

Coca-Cola Europacific Partners (Aust) Pty Ltd Hazelmere & Kewdate (WA) Logistics Enterprise Agreement 2022- 2025

Food, beverages and tobacco manufacturing industry
COMMISSIONER MCKINNON	SYDNEY, 18 AUGUST 2022

Application for approval of the Coca-Cola Europacific Partners (Aust) Pty Ltd Hazelmere & Kewdale (WA) Logistics Enterprise Agreement 2022- 2025.

Coca-Cola Europacific Partners Australia Pty Limited has applied for approval of a single enterprise agreement known as the Coca-Cola Europacific Partners (Aust) Pty Ltd Hazelmere & Kewdale (WA) Logistics Enterprise Agreement 2022- 2025 (the Agreement).

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

The Agreement is approved and will operate from 25 August 2022. The nominal expiry date of the Agreement is 30 July 2025.

The Agreement covers the United Workers’ Union.

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 2022-2025. The applicant sought to modernise the existing enterprise agreement by reducing the number of classifications and altering the working arrangements, including the introduction of a 12-hour shift. The Fair Work Commission was tasked with determining whether the agreement was appropriate for approval under the Fair Work Act 2009.

The primary legal issues revolved around whether the proposed changes in the agreement were fair and reasonable, particularly concerning the introduction of 12-hour shifts, the reduction of job classifications, and the overall impact on employee conditions. The Commission had to consider the balance of the agreement, ensuring that it was not overly disadvantageous to employees and complied with the requirements of the Fair Work Act. The Commission also needed to assess whether the changes were in line with the objectives of the Act, particularly promoting high levels of productivity and ensuring fair and efficient workplace relations.

The Commission found that the proposed agreement was appropriate for approval. It determined that the changes, including the introduction of 12-hour shifts, were reasonable and necessary to improve operational efficiency and align with industry practices. The Commission emphasised the importance of maintaining a fair balance between the interests of the employer and employees, and concluded that the agreement achieved this balance. The Commission also noted the applicant’s commitment to consult with employees and provide adequate transition arrangements.

The Commission approved the Coca-Cola Europacific Partners (Aust) Pty Ltd Hazelmere & Kewdale (WA) Logistics Enterprise Agreement 2022-2025. The agreement was registered, and the parties were bound by its terms, effective from the specified date.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established