| [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
<AE519216 PR750700>
Annexure A
- AGLC
- Coca Cola Europacific Partners Pty Ltd T/A Coca Cola Europacific Partners Pty Ltd [2023] FWCA 505
- Case
- [2023] FWCA 505
- Decision Date
CaseChat Overview and Summary
The legal issues the court was required to decide involved whether the proposed agreement met the requirements of the Fair Work Act 2009, particularly in relation to the protection of employees' rights and interests. This included whether the agreement provided for minimum entitlements, the protection of employees' working conditions, and whether it had been negotiated in good faith. The court also needed to consider whether the agreement contained any provisions that were inconsistent with the national employment standards.
In reaching its decision, the Fair Work Commission considered the submissions from both parties and the evidence provided. The Commission found that the proposed agreement did not meet the requirements of the Fair Work Act 2009, as it did not provide for the minimum entitlements for employees and contained provisions that were inconsistent with the national employment standards. The Commission noted that the applicant had not provided sufficient evidence to demonstrate that the agreement had been negotiated in good faith, and that the employees' interests had been adequately protected. The Commission refused the application for the approval of the proposed enterprise agreement.
Orders
Orders of the court
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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