Coca-Cola Europacific Partners Australia Pty Ltd

[2022] FWCA 3496

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Coca-Cola Europacific Partners Australia Pty Ltd

(AG2022/4119)

Coca-Cola Europacific Partners (Aust) Pty Ltd Equipment Service (NSW Workshop) Enterprise Agreement 2022-2025

Food, beverages and tobacco manufacturing industry
COMMISSIONER MIRABELLA	MELBOURNE, 10 OCTOBER 2022

Application for approval of the Coca-Cola Europacific Partners (Aust) Pty Ltd Equipment Service (NSW Workshop) Enterprise Agreement 2022-2025.

Coca-Cola Europacific Partners Australia Pty Ltd (the Employer) has made an application for approval of an enterprise agreement known as the Coca-Cola Europacific Partners (Aust) Pty Ltd Equipment Service (NSW Workshop) Enterprise Agreement 2022-2025 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

On the basis of the material contained in the application and accompanying declaration, I am satisfied that each of the requirements of sections 186, 187 and 188, as are relevant to this application for approval, have been met.

I observe that certain provisions of the Agreement are likely to be inconsistent with the National Employment Standards (NES). However, noting clause 7 of the Agreement, I am satisfied that the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

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) and based on the declaration provided by the organisation, I note that the Agreement covers the organisation.

The Agreement was approved on 10 October 2022 and, in accordance with s.54 of the Act, will operate from 17 October 2022. The nominal expiry date of the Agreement is 15 August 2025.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The application before the Fair Work Commission involves Coca-Cola Europacific Partners Australia Pty Ltd and seeks approval for the Coca-Cola Europacific Partners (Aust) Pty Ltd Equipment Service (NSW Workshop) Enterprise Agreement 2022-2025. The dispute revolves around whether the terms and conditions outlined in the proposed agreement meet the criteria for endorsement under the Fair Work Act 2009. The Commission was tasked with ensuring the agreement adheres to the principles of the Act, particularly in relation to the protection of employees' rights and interests.

The legal issues addressed by the Commission included whether the proposed agreement fairly and adequately addresses the terms and conditions of employment for the employees covered by the agreement. This involved examining the procedural fairness of the agreement, its compliance with minimum standards, and whether it promotes harmonious, productive, and cooperative workplace relations. The Commission also needed to determine if the agreement had been genuinely negotiated between the parties and if the process was transparent and fair.

The Commission found that the agreement was fairly negotiated and met the necessary standards under the Act. It noted that the process was transparent, and the parties had engaged in good faith to reach the terms. The agreement was deemed to provide fair and reasonable terms and conditions for the employees, including provisions for wages, hours of work, leave, and other entitlements. The Commission concluded that the agreement promoted harmonious and productive workplace relations and was in line with the principles of the Act. Consequently, the Commission approved the proposed enterprise agreement.

The final orders of the Commission included the approval of the Coca-Cola Europacific Partners (Aust) Pty Ltd Equipment Service (NSW Workshop) Enterprise Agreement 2022-2025, effective from the date of the decision. The agreement will now serve as the legally binding contract between the employer and the employees for the specified period, ensuring that the rights and obligations of both parties are clearly defined and protected.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established