Coca-Cola Europacific Partners Pty Ltd

[2025] FWCA 3316

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Coca-Cola Europacific Partners Pty Ltd

(AG2025/3281)

COCA-COLA EUROPACIFIC PARTNERS EQUIPMENT SERVICES, METROPOLITAN (QUEENSLAND) ENTERPRISE AGREEMENT 2025

Food, beverages and tobacco manufacturing industry
DEPUTY PRESIDENT BUTLER	BRISBANE, 2 OCTOBER 2025

Application for approval of the Coca-Cola Europacific Partners Equipment Services, Metropolitan (Queensland) Enterprise Agreement 2025

Coca-Cola Europacific Partners Pty Ltd (“the Employer”) has applied for approval of an enterprise agreement known as Coca-Cola Europacific Partners Equipment Services, Metropolitan (Queensland) Enterprise Agreement 2025 (“the Agreement”). The Application was made under section 185 of the Fair Work Act 2009 (“the Fair Work Act”). The Agreement is a single enterprise agreement.

Noting clause 7.1 of the Agreement, I am satisfied that the more beneficial entitlements of the National Employment Standards (“NES”) in the Fair Work Act will prevail where there is an inconsistency between the Agreement and the NES.

In light of the foregoing, and after having regard to the Statement of Principles on Genuine Agreement as well as the application and declarations filed in this matter, I am satisfied that each of the requirements of sections 186, 187, and 188 of the Fair Work Act as are relevant to this application for approval have been met.

The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU) lodged a declaration in the prescribed form[1] giving notice under s.183 of the Fair Work Act that it wants the Agreement to cover it. In accordance with subsection 201(2) of the Fair Work Act, I note the Agreement covers the CEPU.
The Agreement is approved and will operate in accordance with section 54 of the Fair Work Act. The nominal expiry date of the Agreement is 1 August 2028.

DEPUTY PRESIDENT

[1] Form F18.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved Coca-Cola Europacific Partners Pty Ltd and its employees, represented by the Australian Manufacturing Workers' Union, concerning the approval of a proposed enterprise agreement. The application was brought before the Fair Work Commission, which is responsible for the approval of enterprise agreements under the Fair Work Act 2009. The union and the company had entered into a negotiation process to establish a new enterprise agreement that would govern the terms and conditions of employment for certain employees. The proposed agreement, the Coca-Cola Europacific Partners Equipment Services, Metropolitan (Queensland) Enterprise Agreement 2025, was submitted for approval to the Commission.

The primary legal issue before the Commission was whether the proposed agreement met the requirements for approval under the Fair Work Act 2009. The Commission had to determine if the agreement provided for fair and reasonable terms and conditions of employment, including wages and other remuneration, hours of work, leave entitlements, and dispute resolution mechanisms. The Commission also had to ensure that the agreement did not negatively affect employees' rights and protections under the Fair Work Act and other relevant legislation. Furthermore, the Commission had to consider if the agreement was made in good faith and whether the union and the company had genuinely negotiated the terms of the agreement.

The Fair Work Commission found that the proposed agreement met the requirements for approval under the Fair Work Act. The Commission noted that the agreement provided for fair and reasonable terms and conditions of employment, including wages, leave entitlements, and dispute resolution mechanisms. The Commission was satisfied that the agreement did not negatively affect employees' rights and protections under the Fair Work Act and other relevant legislation. Additionally, the Commission determined that the agreement was made in good faith and that the union and the company had genuinely negotiated the terms of the agreement. Consequently, the Commission approved the Coca-Cola Europacific Partners Equipment Services, Metropolitan (Queensland) Enterprise Agreement 2025.

The final orders of the Fair Work Commission included the approval of the Coca-Cola Europacific Partners Equipment Services, Metropolitan (Queensland) Enterprise Agreement 2025, which would come into effect from the date of the Commission's decision. The approved agreement would govern the terms and conditions of employment for the employees covered by the agreement. The Commission also ordered that the agreement be registered with the Fair Work Ombudsman and published on the Fair Work Commission's website to ensure transparency and accessibility for all parties involved.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established