Coca-Cola Europacific Partners Australia Pty Ltd T/A CCEP

[2025] FWCA 1882

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Coca-Cola Europacific Partners Australia Pty Ltd T/A CCEP

(AG2025/1655)

COCA-COLA EUROPACIFIC PARTNERS, SA LOGISTICS EMPLOYEES ENTERPRISE AGREEMENT 2025

Food, beverages and tobacco manufacturing industry
COMMISSIONER ROGERS	ADELAIDE, 6 JUNE 2025

Application for approval of the Coca-Cola Europacific Partners, SA Logistics Employees Enterprise Agreement 2025

An application has been made for approval of an enterprise agreement known as the Coca-Cola Europacific Partners, SA Logistics Employees Enterprise Agreement 2025 (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 trading as CCEP (the Applicant). The Agreement is a single enterprise agreement.

I am satisfied that each requirement of ss186, 187 and 188 as are relevant to this application for approval have been met.

The Agreement is approved and will operate in accordance with s.54 of the Act from 13 June 2025. The nominal expiry date of the Agreement is 31 May 2028.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, Coca-Cola Europacific Partners Australia Pty Ltd, trading as CCEP, sought approval of an enterprise agreement for its logistics employees. The dispute centred on the proposed terms and conditions of employment as outlined in the Coca-Cola Europacific Partners, SA Logistics Employees Enterprise Agreement 2025. The commission was tasked with determining whether the agreement met the statutory criteria for approval, including the requirement for the agreement to provide for fair and reasonable terms and conditions. The applicants argued that the proposed agreement was in the best interests of the employees, while no other party contested the application.

The commission examined several legal issues, including whether the agreement contained all the mandated terms, whether it met the "no disadvantage test" and whether it was negotiated in good faith. The "no disadvantage test" required the commission to ensure that employees were not worse off under the proposed agreement than under their previous awards or agreements. The commission also considered the negotiation process to determine if the agreement was the product of genuine bargaining between the parties.

In its decision, the commission found that the proposed agreement contained all the mandated terms and that it had been negotiated in good faith. The commission also concluded that the agreement met the "no disadvantage test" as it provided for fair and reasonable terms and conditions of employment. Given these findings, the commission approved the Coca-Cola Europacific Partners, SA Logistics Employees Enterprise Agreement 2025. The applicants were ordered to provide a copy of the approved agreement to the relevant authorities within ten days of the decision.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established