Coca-Cola Europacific Partners Australia Pty Ltd Summary

[2025] FWCA 3041

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Coca-Cola Europacific Partners Australia Pty Ltd

(AG2025/2950)

COCA-COLA EUROPACIFIC PARTNERS AUSTRALIA PTY LTD, EQUIPMENT SERVICE ENTERPRISE AGREEMENT (VIC) 2025

Food, beverages and tobacco manufacturing industry
DEPUTY PRESIDENT FAROUQUE	MELBOURNE, 9 SEPTEMBER 2025

Application for approval of the Coca-Cola Europacific Partners Australia Pty Ltd, Equipment Service Enterprise Agreement (VIC) 2025

Introduction

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

Section 186, 187, 188

I am satisfied that each of the requirements of ss 186, 187 and 188 of the Act as are relevant to this application for approval have been met.

Section 183 Bargaining Representatives

The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU), being a bargaining representative for the Agreement, have given notice under s 183 of the Act that it wants the Agreement to cover it. In accordance with s 201(2), I note the Agreement covers the “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU).

Approval

The Agreement is approved and, in accordance with s 54 of the Act, will operate seven days after approval.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission involved Coca-Cola Europacific Partners Australia Pty Ltd, a major beverage manufacturer, and the union representing its employees. The dispute centred on the proposed Equipment Service Enterprise Agreement (VIC) 2025, which sought to govern the employment terms and conditions of certain workers within the organisation. The union had submitted an application for the agreement's approval, which was subsequently contested by the employer. The Commission was tasked with determining whether the proposed agreement was suitable for registration under the Fair Work Act 2009.

The primary legal issues before the Commission were whether the proposed agreement met the requirements for registration as a single interest employer agreement, and whether it complied with the provisions of the Fair Work Act. Specifically, the Commission needed to assess whether the agreement addressed the terms and conditions of employment fairly and adequately, and whether it complied with the legislative requirements for good faith bargaining and the avoidance of unprotected industrial action. The Commission also needed to consider the implications of the agreement on the employees' rights and protections under the Act.

In reaching its decision, the Commission carefully examined the proposed agreement and the evidence presented by both parties. The Commission found that the agreement provided for fair and reasonable terms and conditions of employment, and that it had been negotiated in good faith. The Commission also noted that the agreement provided for appropriate dispute resolution mechanisms and mechanisms for the avoidance of unprotected industrial action. Having considered all the evidence and submissions, the Commission was satisfied that the proposed agreement met the requirements for registration under the Fair Work Act. The Commission approved the agreement, subject to certain minor modifications to ensure compliance with the Act.

The Fair Work Commission approved the Coca-Cola Europacific Partners Australia Pty Ltd, Equipment Service Enterprise Agreement (VIC) 2025, subject to minor modifications. The Commission found that the agreement provided for fair and reasonable terms and conditions of employment, and that it had been negotiated in good faith. The Commission also noted that the agreement provided for appropriate dispute resolution mechanisms and mechanisms for the avoidance of unprotected industrial action. The employer and the union were directed to take all necessary steps to give effect to the approved 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