Coca-Cola Europacific Partners Australia Pty Ltd

[2023] FWCA 2718

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Coca-Cola Europacific Partners Australia Pty Ltd

(AG2023/2835)

COCA-COLA EUROPACIFIC PARTNERS PREFORM AND CLOSURES PLANT EASTERN CREEK ENTERPRISE AGREEMENT 2023 – 2026

Food, beverages and tobacco manufacturing industry
COMMISSIONER WILSON	MELBOURNE, 25 AUGUST 2023

Application for approval of the Coca-Cola Europacific Partners Preform and Closures Plant Eastern Creek Enterprise Agreement 2023 – 2026

An application has been made for approval of an enterprise agreement known as the Coca-Cola Europacific Partners Preform and Closures Plant Eastern Creek Enterprise Agreement 2023 – 2026 (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.

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 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) I note that the Agreement covers the organisation.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 1 September 2023. The nominal expiry date of the Agreement is 1 August 2026.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The application before the Fair Work Commission (FWC) was brought by Coca-Cola Europacific Partners Australia Pty Ltd (the Applicant) seeking approval of the Coca-Cola Europacific Partners Preform and Closures Plant Eastern Creek Enterprise Agreement 2023 – 2026. The Applicant sought approval under section 233 of the Fair Work Act 2009 as a simple greenfields agreement, given the newness of the enterprise, having been constructed in 2022 and commenced operations in April 2023. The application was opposed by the Australian Manufacturing Workers' Union (the Union) and the Coca-Cola Europacific Partners Preform and Closures Plant Eastern Creek Employees Association (the Association). The Union and Association claimed the agreement did not meet the good faith bargaining requirement, was not made in good faith and failed to provide for the rights and obligations of employees.

The Commission considered whether the Applicant had genuinely engaged in good faith bargaining with the Union and Association. The Union argued that the Applicant had failed to provide the Union with relevant information and had not genuinely attempted to negotiate on key issues. The Applicant denied these claims, asserting that it had engaged in good faith negotiations and provided all necessary information. The Association also argued that the agreement failed to provide for the rights and obligations of employees. The Commission considered the evidence and submissions from both parties to determine if the agreement met the legal requirements.

After considering the evidence, the Commission found that the Applicant had engaged in good faith bargaining with the Union and Association. The Commission found that the Applicant had provided all necessary information and had genuinely attempted to negotiate on key issues. The Commission also found that the agreement met the legal requirements and provided for the rights and obligations of employees. The Commission approved the agreement, noting that the provisions were not worse off overall than the applicable award or other relevant industrial instrument. The Commission emphasised the importance of genuine engagement in good faith bargaining and the need for parties to provide all necessary information.

The Commission approved the Coca-Cola Europacific Partners Preform and Closures Plant Eastern Creek Enterprise Agreement 2023 – 2026. The Commission noted that the agreement was not worse off overall than the applicable award or other relevant industrial instrument and met the legal requirements. The Commission also noted the importance of genuine engagement in good faith bargaining and the need for parties to provide all necessary information. The Applicant may now implement the approved agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established