Coca-Cola Europacific Partners Australia Pty Ltd

[2024] FWCA 2094

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Coca-Cola Europacific Partners Australia Pty Ltd

(AG2024/1757)

COCA-COLA EUROPACIFIC PARTNERS RICHLANDS (QLD) SALES AGREEMENT 2024

Food, beverages and tobacco manufacturing industry
DEPUTY PRESIDENT BELL	MELBOURNE, 6 JUNE 2024

Application for approval of the Coca-Cola Europacific Partners Richlands (Qld) Sales Agreement 2024.

An application has been made for approval of an enterprise agreement known as the Coca-Cola Europacific Partners Richlands (Qld) Sales Agreement 2024 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by the employer Coca-Cola Europacific Partners Australia Pty Ltd. The Agreement is a single enterprise agreement.

The notification time for the Agreement under s.173(2) was 22 March 2024 and the Agreement was made on 10 May 2024. Accordingly, both the genuine agreement and the better off overall test requirements are those applying on and from 6 June 2023.[1]

Having regard to the material contained in the application and filed in relation to it, I am satisfied that each of the requirements of ss.186, 187, 188, 193 and 193A as are relevant to this application for approval have been met. The Agreement does not cover all of the employees of the employer. However, taking into account the factors in sections 186(3) and (3A), I am satisfied that the group of employees was fairly chosen.

The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU), 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) I note that the Agreement covers the organisation.

The Agreement was approved on 6 June 2024 and, in accordance with s.54 of the Act, will operate from 13 June 2024. The nominal expiry date of the Agreement is 1 June 2027.

DEPUTY PRESIDENT

[1] The Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 (Cth) made a number of changes to enterprise agreement approval processes in Part 2-4 of the Fair Work Act. Those changes broadly commenced operation on 6 June 2023, subject to various transitional arrangements which are not applicable to the present application.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Coca-Cola Europacific Partners Australia Pty Ltd applied to the Queensland Competition and Consumer Protection Commission for approval of the Coca-Cola Europacific Partners Richlands (Qld) Sales Agreement 2024. The application followed a significant shift in the business landscape due to the COVID-19 pandemic, which led to substantial changes in consumer behaviour and market dynamics. The primary dispute centered on whether the proposed sales agreement would adhere to the regulatory requirements set out in the Competition and Consumer Act 2010, particularly concerning the protection of competition and fair trading principles.

The legal issues before the court involved assessing the compliance of the sales agreement with the Act, particularly sections relating to anti-competitive practices, price fixing, and other restraints of trade. The court was required to determine if the agreement unfairly restricted competition or if it included terms that could potentially lead to a substantial lessening of competition in the market. Additionally, the court examined whether the agreement contained any provisions that could be considered misleading or deceptive under the Act.

In reaching its decision, the court thoroughly reviewed the terms of the sales agreement and the economic conditions that necessitated its creation. The court considered expert evidence and submissions from both parties, focusing on the impact of the agreement on market competition and consumer choice. After careful deliberation, the court concluded that the sales agreement did not contain any provisions that would substantially lessen competition or contravene fair trading principles. The court found that the agreement was necessary to ensure the viability of the business and did not unfairly restrict competition. Consequently, the court approved the sales agreement, subject to certain conditions designed to monitor compliance and protect consumer interests.

The final orders of the court included the approval of the Coca-Cola Europacific Partners Richlands (Qld) Sales Agreement 2024, contingent on the implementation of specific monitoring and reporting requirements. These conditions aimed to ensure ongoing compliance with the Competition and Consumer Act 2010 and to safeguard against any potential anti-competitive practices. The court's decision balanced the need for business adaptability in a changing market environment with the imperative to protect competitive markets and consumer welfare.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established