Coca-Cola Europacific Partners Australia Pty Ltd
[2023] FWCA 3172
•3 OCTOBER 2023
| [2023] FWCA 3172 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Coca-Cola Europacific Partners Australia Pty Ltd
(AG2023/3333)
COCA-COLA EUROPACIFIC PARTNERS (AUST) PTY LTD EQUIPMENT SERVICE (TASMANIA) ENTERPRISE AGREEMENT 2023
| Food, beverages and tobacco manufacturing industry | |
| COMMISSIONER ALLISON | MELBOURNE, 3 OCTOBER 2023 |
Application for approval of the Coca-Cola Europacific Partners (Aust) Pty Ltd Equipment Service (Tasmania) Enterprise Agreement 2023
An application has been made for approval of an enterprise agreement known as the Coca-Cola Europacific Partners (Aust) Pty Ltd Equipment Service (Tasmania) Enterprise Agreement 2023 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Coca-Cola Europacific Partners Australia Pty Ltd. The Agreement is a single enterprise agreement.
The Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 (Cth) (Amending Act) made a number of changes to enterprise agreement approval processes in Part 2-4 of the Act, which commenced operation on 6 June 2023. Given the notification time for the Agreement was 29 March 2023, the transitional arrangements for the Amending Act provide that the genuine agreement requirements in Part 2-4 of the Act as they stood just before 6 June 2023 apply to the present application. Further, as the Agreement was made on 12 September 2023 the better off overall test provisions in Part 2-4 of the Act as amended on 6 June 2023 apply.
I am satisfied that each of the requirements of ss.186, 187 and 188 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 Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.
The Agreement was approved on 3 October 2023 and, in accordance with s.54, will operate from 10 October 2023. The nominal expiry date of the Agreement is 30 September 2027.
COMMISSIONER
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