Coca Cola Europacific Partners Pty Ltd T/A Coca Cola Europacific Partners Pty Ltd
[2023] FWCA 505
•20 FEBRUARY 2023
| [2023] FWCA 505 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Coca Cola Europacific Partners Pty Ltd T/A Coca Cola Europacific Partners Pty Ltd
(AG2023/221)
Coca-Cola Europacific Partners (Aust) Pty Ltd (Victorian Distribution Centre) Enterprise Agreement 2023
| Food, beverages and tobacco manufacturing industry | |
| DEPUTY PRESIDENT O'NEILL | MELBOURNE, 20 FEBRUARY 2023 |
Application for approval of the Coca-Cola Europacific Partners (Aust) Pty Ltd (Victorian Distribution Centre) Enterprise Agreement 2023
Coca Cola Europacific Partners Pty Ltd has applied for approval of an enterprise agreement known as the Coca-Cola Europacific Partners (Aust) Pty Ltd (Victorian Distribution Centre) Enterprise Agreement 2023 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) and is a single enterprise agreement.
The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the Agreement.
Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.
The United Workers’ Union being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.
I observe that clause 12.2(b)(1) is likely to be inconsistent with the National Employment Standards (NES). However, noting clause 5 of the Agreement, 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 27 February 2023. The nominal expiry date of the Agreement is 31 May 2026.
DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer
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Annexure A
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