Coca-Cola Europacific Partners Australia Pty Ltd

[2022] FWCA 216

[2022] FWCA 216

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

Coca-Cola Europacific Partners Australia Pty Ltd

(AG2021/8918)

Coca-Cola Europacific partners nsw supply chain operations enterprise agreement 2021 - 2024

Food, beverages and tobacco manufacturing industry
Commissioner Matheson	SYDNEY, 25 JANUARY 2022

Application for approval of the Coca-Cola Europacific Partners NSW Supply Chain Operations Enterprise Agreement 2021 - 2024.

1. An application has been made for approval of an enterprise agreement known as the Coca-Cola Europacific Partners NSW Supply Chain Operations Enterprise Agreement 2021 - 2024 (Agreement) pursuant to s.185 of the Fair Work Act 2009 (Cth) (Act).

1. The name of the applicant and employer as stated in the ‘Form F16 – Application for approval of an enterprise agreement (other than a greenfields agreement)’ and ‘Form F17 – Employer’s declaration in support of an application for approval of an enterprise agreement (other than a greenfields agreement)’ was stated as ‘Coca-Cola Europacific Partners Australia Pty Ltd’ (Applicant). The ABN provided in these forms is 68 076 594 119. ‘Coca-Cola Amatil (Aust) Pty Ltd’ is a trading name associated with this ABN.

1. Clause 2 of the Agreement states:

‘This Agreement is made between Coca-Cola Amatil (Aust.) Pty Ltd, trading as Coca-Cola Europacific Partners (The Company) and its Operations Employees located at 104,120 and 128 Briens Road Northmead NSW’.

1. The Applicant applied for a correction pursuant to s.586 of the Act to amend the Agreement to clarify the correct legal name of the Employer. In particular, the Applicant sought a correction so that clause 2 of the Agreement reads:

‘This Agreement is made between Coca-Cola Europacific Partners Australia Pty Ltd, trading as Coca-Cola Amatil (Aust) Pty Ltd (The Company) and its Operations Employees located at 104, 120 and 128 Briens Road Northmead NSW’.

1. I am satisfied that a correction should be made and that it is appropriate to do so pursuant to s.586 of the Act. I make the correction.

1. The Employer has provided written undertakings. A copy of the undertakings is attached at Annexure A of this decision (Undertakings). I am satisfied that the effect of accepting the Undertakings is not likely to:

(a)cause financial detriment to any employee covered by the Agreement; or

(b)result in substantial changes to the Agreement.

1. Pursuant to s.190(3) of the Act, I accept the Undertakings.

1. Subject to the Undertakings, and on the basis of the materials before the Commission, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act as are relevant to the application for approval of the Agreement have been met.

1. The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it.  In accordance with s.201(2) of the Act, I note that the Agreement covers the organisation.

1. The Agreement is approved and, in accordance with s.54 of the Act, will operate from 1 February 2022. The nominal expiry date of the Agreement is 15 November 2024.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

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Annexure A