Coca Cola Europacific Partners Australia Pty Ltd Summary

[2022] FWCA 2712

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Coca Cola Europacific Partners Australia Pty Ltd

(AG2022/3068)

COCA-COLA EUROPACIFIC PARTNERS AUSTRALIA PTY LTD EASTERN CREEK (NSW) LOGISTICS ENTERPRISE AGREEMENT 2022-2026

Food, beverages and tobacco manufacturing industry
COMMISSIONER P RYAN	SYDNEY, 10 AUGUST 2022

Application for approval of the Coca-Cola Europacific Partners Australia Pty Ltd Eastern Creek (NSW) Logistics Enterprise Agreement 2022 - 2026

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 Australia Pty Ltd Eastern Creek (NSW) Logistics Enterprise Agreement 2022-2026 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

Section 190 Undertakings

The employer 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.

Section 186, 187, 188 and 190

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.

Section 183 Bargaining Representatives

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

Approval

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 17 August 2022. The nominal expiry date of the Agreement is 30 July 2026.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involves Coca Cola Europacific Partners Australia Pty Ltd, which applied for the approval of the Coca-Cola Europacific Partners Australia Pty Ltd Eastern Creek (NSW) Logistics Enterprise Agreement 2022 - 2026. The application was made to the Fair Work Commission. The dispute pertains to the terms and conditions of employment for employees in the logistics sector, specifically those working in the Eastern Creek facility in New South Wales. The central legal issue before the court was whether the proposed enterprise agreement complied with the relevant provisions of the Fair Work Act 2009, particularly whether it met the "better off overall test" and was "in the interests of the employees."

The court considered the application in light of the statutory requirements set out in the Fair Work Act. It examined whether the proposed agreement provided employees with fair and reasonable terms of employment and whether it was likely to ensure that employees were better off overall than under the previous conditions. The court also assessed whether the agreement was made in good faith and whether it contained the necessary provisions to facilitate effective workplace relations. After careful consideration, the court determined that the proposed agreement met all statutory requirements and was therefore approved. The court found that the agreement provided fair and reasonable terms of employment and satisfied the better off overall test.

Consequently, the Fair Work Commission approved the Coca-Cola Europacific Partners Australia Pty Ltd Eastern Creek (NSW) Logistics Enterprise Agreement 2022 - 2026. The decision was based on the court's finding that the agreement was made in good faith, met the statutory requirements under the Fair Work Act, and was in the interests of the employees. The agreement was deemed to provide fair and reasonable terms of employment, ensuring that employees were better off overall. The approval of the enterprise agreement formalised the terms of employment for the employees at the Eastern Creek facility, establishing a stable and predictable workplace environment for the duration of the 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