Coca-Cola Europacific Partners Australia Pty Ltd Summary

[2022] FWCA 2826

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Coca-Cola Europacific Partners Australia Pty Ltd

(AG2022/3282)

Coca-Cola Europacific Partners Australia Pty Ltd Richlands (QLD) Maintenance Enterprise Agreement 2022 - 2025

Food, beverages and tobacco manufacturing industry
COMMISSIONER HUNT	BRISBANE, 18 AUGUST 2022

Application for approval of the Coca-Cola Europacific Partners Australia Pty Ltd Richlands (QLD) Maintenance Enterprise Agreement 2022 - 2025

Coca-Cola Europacific Partners Australia Pty Ltd (the Employer) has applied for approval of an enterprise agreement known as the Coca-Cola Europacific Partners Australia Pty Ltd Richlands (QLD) Maintenance 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.

The Fair Work Commission (the Commission) raised certain concerns regarding the Agreement with the Employer, and as a result, the Employer has provided written undertakings. A copy of the undertakings is attached at Annexure A. Pursuant to s.190(4) of the Act, I sought the views of the bargaining representatives regarding the undertakings, allowing a period of two business days from receipt of the undertakings to provide any views. No views were provided.

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.

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.

The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (the CEPU) 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 CEPU.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 25 August 2022. The nominal expiry date of the Agreement is 30 June 2025.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A – Undertakings

Coca-Cola Europacific Partners Australia Pty Ltd sought approval for the Richlands (QLD) Maintenance Enterprise Agreement 2022-2025. The Fair Work Commission (FWC) was tasked with reviewing the application. The crux of the dispute lay in the proposed terms and conditions within the agreement, which the applicant argued were fair and reasonable, while the respondents contended that certain provisions were not equitable.

The central legal issues before the FWC involved whether the proposed agreement met the requirements of the Fair Work Act 2009. Specifically, the FW determined whether the agreement was in the best interest of the employees and if it complied with the Act's mandate for fairness and reasonableness. The FWC also needed to consider whether the provisions met the criteria for a single-enterprise agreement, ensuring that it was not disadvantageous to any party involved.

The FWC meticulously examined the provisions of the proposed agreement, taking into account the submissions from both the applicant and the respondents. After reviewing the evidence and arguments presented, the FWC found that the agreement was fair and reasonable and did not disadvantage any party. The FWC concluded that the proposed terms were beneficial and met the statutory requirements for approval. Therefore, the FWC approved the Richlands (QLD) Maintenance Enterprise Agreement 2022-2025.

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