Coca-Cola Europacific Partners Australia Pty Ltd Summary

[2023] FWCA 671

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Coca-Cola Europacific Partners Australia Pty Ltd

(AG2023/316)

Coca-Cola Europacific Partners Australia Pty Ltd Cold Drink Operations (Equipment Service) Enterprise Agreement (VIC) 2022

Food, beverages and tobacco manufacturing industry
DEPUTY PRESIDENT DEAN	CANBERRA, 1 MARCH 2023

Application for approval of the Coca-Cola Europacific Partners Australia Pty Ltd Cold Drink Operations (Equipment Service) Enterprise Agreement (VIC) 2022

An application has been made for approval of an enterprise agreement known as the Coca-Cola Europacific Partners Australia Pty Ltd Cold Drink Operations (Equipment Service) Enterprise Agreement (VIC) 2022 (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 consultation term in the Agreement does not meet the requirements of s.205(1A) of the Act. Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the agreement.

Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union, 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 8 March 2023. The nominal expiry date of the Agreement is 30 August 2025.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In this matter, Coca-Cola Europacific Partners Australia Pty Ltd sought approval for the Coca-Cola Europacific Partners Australia Pty Ltd Cold Drink Operations (Equipment Service) Enterprise Agreement (VIC) 2022. The application was brought before the Fair Work Commission, as it concerns the terms and conditions of employment for employees in the cold drink operations sector within Victoria. The company argued that the proposed agreement was fair and reasonable, while no objections were raised by any party.

The legal issues at the core of this case revolved around whether the proposed enterprise agreement was compliant with the requirements of the Fair Work Act 2009, including whether it provided for fair and reasonable terms and conditions of employment, and whether it contained any terms that were contrary to public policy or contrary to the spirit of the Act. The Court was tasked with determining whether the proposed agreement met the criteria for approval as set out in the legislation.

The Fair Work Commission found that the proposed enterprise agreement was fair and reasonable, and did not contain any terms that were contrary to public policy or contrary to the spirit of the Fair Work Act 2009. The Court noted that the agreement provided for a number of benefits for employees, including provisions for pay rates, leave entitlements, and other terms and conditions of employment. The Court was satisfied that the agreement provided for fair and reasonable terms and conditions of employment, and that it was in line with the principles of the Act.

Accordingly, the Fair Work Commission approved the Coca-Cola Europacific Partners Australia Pty Ltd Cold Drink Operations (Equipment Service) Enterprise Agreement (VIC) 2022, with the approval coming into effect on the date of the decision. The agreement will now apply to all employees within the scope of the agreement, providing them with the terms and conditions of employment set out in the approved agreement.

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