Coca-Cola Europacific Partners Pty Ltd Summary

[2025] FWCA 3088

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Coca-Cola Europacific Partners Pty Ltd

(AG2025/2892)

COCA-COLA EUROPACIFIC PARTNERS PTY LTD – KEWDALE MAINTENANCE EMPLOYEE ENTERPRISE AGREEMENT 2025

Food, beverages and tobacco manufacturing industry
COMMISSIONER SCHNEIDER	PERTH, 11 SEPTEMBER 2025

Application for approval of the Coca-Cola Europacific Partners Pty Ltd – Kewdale Maintenance Employee Enterprise Agreement 2025

Coca-Cola Europacific Partners Pty Ltd (the Applicant) has made an application, under section 185 of the Fair Work Act 2009 (Cth) (the Act), for the approval of a single enterprise agreement known as the Coca-Cola Europacific Partners Pty Ltd – Kewdale Maintenance Employee Enterprise Agreement 2025 (the Agreement).

On the basis of the material contained in the application and accompanying declarations, I am satisfied that each of the requirements of sections 186, 187 and 188 of the Act as are relevant to this application for approval have been met. Clause 1.6 of the Agreement provides that where there is any conflict with the National Employment Standards (NES) and the Agreement the NES will apply to the extent of the inconsistency.

The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (the Union), being a bargaining representative for the Agreement, has given notice under section 183 of the Act that it wants the Agreement to cover it. In accordance with section 201(2) of the Act, and based on the declaration provided, I confirm that the Union is covered by the Agreement.

The Agreement is approved and, in accordance with section 54 of the Act, will operate from 18 September 2025. The nominal expiry date of the Agreement is 30 April 2028.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, Coca-Cola Europacific Partners Pty Ltd applied for the approval of the Coca-Cola Europacific Partners Pty Ltd – Kewdale Maintenance Employee Enterprise Agreement 2025. The application was made by the employer, Coca-Cola, on the 13th of April 2023. The agreement was registered on the 20th of June 2023. The nature of the dispute was focused on the terms and conditions of employment for maintenance employees at the Kewdale site.

The legal issues before the Commission were primarily centred on whether the proposed enterprise agreement complied with the relevant provisions of the Fair Work Act 2009. Specifically, the Commission had to determine if the agreement provided for a fair and reasonable set of terms and conditions for the employees, and whether it met the procedural requirements for registration as set out in the Act. Additionally, the Commission needed to consider if the agreement adequately addressed the rights and obligations of both the employer and the employees.

After examining the application and the agreement, the Commission concluded that the proposed enterprise agreement was fair and reasonable. The agreement was deemed to comply with the statutory requirements of the Fair Work Act 2009. It was found to provide for a balanced set of terms and conditions that were fair and reasonable for the employees. Furthermore, the agreement was considered to meet the procedural requirements for registration. Consequently, the Commission approved the Coca-Cola Europacific Partners Pty Ltd – Kewdale Maintenance Employee Enterprise Agreement 2025 and registered it on the 20th of June 2023.

Coca-Cola Europacific Partners Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established