Coca-Cola Europacific Partners Australia Pty Ltd

[2023] FWCA 517

[2023] FWCA 517

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Coca-Cola Europacific Partners Australia Pty Ltd

(AG2022/5563)

Coca-Cola Europacific Partners Cold Drink Operations, Metropolitan (Queensland) Enterprise Agreement 2022 - 2025

Food, beverages and tobacco manufacturing industry
COMMISSIONER HUNT	BRISBANE, 17 FEBRUARY 2023

Application for approval of the Coca-Cola Europacific Partners Cold Drink Operations, Metropolitan (Queensland) Enterprise Agreement 2022 - 2025

1. Coca-Cola Europacific Partners Australia Pty Ltd (the Employer) has applied for approval of an enterprise agreement known as the Coca-Cola Europacific Partners Cold Drink Operations, Metropolitan (Queensland) Enterprise Agreement 2022 - 2025 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act).  The Agreement is a single-enterprise agreement.

1. The Fair Work Commission (the Commission) raised certain concerns regarding the Agreement with the Employer, and as a result, the Employer provided written undertakings. The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (ETU) raised certain concerns with the undertakings.  The Employer provided revised undertakings, attached at Annexure A.   

1. Pursuant to s.190(4) of the Act, I sought the views of the bargaining representatives regarding the undertakings.  Only the ETU responded, expressing that it has no objections to the revised undertakings.

1. 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.  Pursuant to s.190 of the Act, I accept the undertakings.  In accordance with s.201(3) of the Act, I note that the undertakings are taken to be a term of the Agreement.

1. I have taken into consideration the material filed in the Commission. 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 Agreement does not cover all of the employees of the employer, however, taking into account s.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

1. The ETU 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) of the Act I note that the Agreement covers the ETU. 

1. The Agreement is approved and, in accordance with s.54 of the Act, will operate from 24 February 2023.  The nominal expiry date of the Agreement is 1 August 2025.

COMMISSIONER

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Annexure A – Undertakings