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

[2024] FWCA 2314

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

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

(AG2024/2021)

COCA-COLA EUROPACIFIC PARTNERS (AUST.) PTY LTD EQUIPMENT SERVICE ENTERPRISE AGREEMENT (REGIONAL QUEENSLAND) 2023

Food, beverages and tobacco manufacturing industry
DEPUTY PRESIDENT BOYCE	SYDNEY, 21 JUNE 2024

Application for approval of the Coca-Cola Europacific Partners (Aust.) Pty Ltd Equipment Service Enterprise Agreement (Regional Queensland) 2023

An application has been made for approval of an enterprise agreement to be known as the Coca-Cola Europacific Partners (Aust.) Pty Ltd Equipment Service Enterprise Agreement (Regional Queensland) 2023 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by Coca-Cola Europacific Partners Australia Pty Ltd T/A Coca-Cola Europacific Partners Australia Pty Ltd (Employer). The Agreement is a single enterprise agreement.

Undertakings

The Employer has provided written undertakings dated 20 June 2024. Those undertakings are attached at Annexure A to this decision and become terms of the Agreement. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement (as compared to the relevant provisions of the Electrical, Electronic and Communications Contracting Award 2020), and that the undertakings will not result in substantial changes to the Agreement.

Coverage of employee organisation

The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants to be covered by the Agreement. In accordance with s.201(2) of the Act, I note that the Agreement covers this organisation.

Conclusion

Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188, 190, 193 and 193A of the Act, as are relevant to this application for approval, have been met.

I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 28 June 2024. The nominal expiry date of the Agreement is 1 December 2026.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The applicant, Coca-Cola Europacific Partners Australia Pty Ltd, sought approval of the Coca-Cola Europacific Partners (Aust.) Pty Ltd Equipment Service Enterprise Agreement (Regional Queensland) 2023. The matter was heard by the Fair Work Commission, which was tasked with determining whether the proposed agreement was fair and reasonable for the employees it covered. The employees in question were those who work as equipment service personnel in regional Queensland.

The primary legal issue before the Commission was whether the proposed agreement met the requirements of being "fair and reasonable" as defined by the Fair Work Act 2009. The Commission had to assess whether the agreement provided a fair and reasonable balance between the interests of the employer and the employees, including whether it provided for adequate wages, hours of work, and other conditions of employment. The Commission also had to consider whether the agreement provided for a fair and reasonable process for resolving disputes between the employer and employees.

In making its determination, the Commission considered the evidence and submissions provided by both parties. It found that the proposed agreement provided for a fair and reasonable balance between the interests of the employer and employees. The Commission noted that the agreement provided for wages and conditions that were at least as good as, and in some cases better than, those provided for in the relevant industry award. The Commission also found that the agreement provided for a fair and reasonable process for resolving disputes between the employer and employees.

As a result of its determination, the Commission approved the proposed agreement. The Fair Work Commission's decision provides certainty for both the employer and employees covered by the agreement, and ensures that they are protected by fair and reasonable terms and conditions of employment.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established