Coca-Cola Europacific Partners Australia Pty Ltd Summary

[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

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Coca-Cola Europacific Partners Australia Pty Ltd recently applied to the Fair Work Commission for approval of the Coca-Cola Europacific Partners (Aust) Pty Ltd Equipment Service (Tasmania) Enterprise Agreement 2023. The dispute centred on whether the proposed agreement met the necessary criteria for approval under the Fair Work Act 2009, specifically whether it provided for the fair and equitable treatment of employees, and complied with the procedural requirements for certification.

The legal issues before the court involved examining whether the agreement had been genuinely negotiated, whether it covered the appropriate bargaining unit, and whether it met the standard conditions of employment as set out in the Act. The court also had to determine if the agreement provided for the protection of employees' rights and entitlements, and if it complied with the procedural requirements, including the provision of notice and the opportunity for objections.

The Fair Work Commission found that the proposed agreement had been genuinely negotiated, and it covered the appropriate bargaining unit of employees. The court was satisfied that the agreement provided for the fair and equitable treatment of employees, and it met the standard conditions of employment. Furthermore, the Commission found that the agreement adequately protected employees' rights and entitlements and complied with the procedural requirements, including the provision of notice and the opportunity for objections. Based on these findings, the Commission approved the agreement, recognising it as a legally binding enterprise agreement.

The final orders of the Fair Work Commission included the approval of the Coca-Cola Europacific Partners (Aust) Pty Ltd Equipment Service (Tasmania) Enterprise Agreement 2023, which is now in effect and will govern the employment conditions of the employees within the specified bargaining unit. The Commission's decision ensures that the agreement provides for the fair and equitable treatment of employees, and it meets the necessary legal and procedural requirements for approval.

Coca-Cola Europacific Partners Australia Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established