Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia v Coca-Cola Europacific Partners Australia Pty Ltd Summary

[2025] FWC 2677

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.437—Protected action

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
v

Coca-Cola Europacific Partners Australia Pty Ltd

(B2025/1400)

DEPUTY PRESIDENT LAKE

BRISBANE, 9 SEPTEMBER 2025

Proposed protected action ballot of employees of Coca-Cola Europacific Partners Australia Pty Ltd

On 5 September 2025, the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU) applied under s.437 of the Fair Work Act 2009 (the Act) for a protected action ballot order in relation to certain employees of Coca-Cola Europacific Partners Australia Pty Ltd (Coca-Cola). Coca-Cola contested the protected action ballot order sought.

On 8 September 2025, the CEPU advised my Chambers that the parties had agreed on an amended order. Coca-Cola advised my Chambers that it agreed to the amended order and that a hearing was no longer required. In the circumstances, I have decided to determine the matter on the papers without holding a hearing.

On the basis of the material before me, including the declaration of Scott James Reichman, Union Organiser, setting out the steps taken by the CEPU in bargaining with the Employer and that it has been, and is, genuinely trying to reach agreement with Coca-Cola, I am satisfied that there is a notification time in relation to the proposed agreement and that all of the requirements in s.443(1) of the Act have been met.

The ballot is to be conducted by the Democratic Outcomes Pty Ltd T/A CiVS (CiVS). CiVS has been approved as an eligible protected action ballot agent under s 468A of the Act and consequently is authorised to conduct the ballot.

For the purposes of s.443(3)(c) of the Act, the Commission has determined that the date by which voting is to close is 23 September 2025.[1] This also establishes the ballot period for the purpose of s.448A(2) of the Act.

An Order has been separately issued in PR791574.

I will conduct the s.448A compulsory conciliation conference and issue the Order requiring attendance for conference.

DEPUTY PRESIDENT

[1] This is, in effect, 10 working days from the making of the Order and was the period sought in the application.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU) applied for a protected action ballot order under section 437 of the Fair Work Act 2009, seeking to conduct a ballot among employees of Coca-Cola Europacific Partners Australia Pty Ltd. Coca-Cola contested the application. However, the parties reached an agreement on an amended order, rendering a formal hearing unnecessary. The Deputy President of the Fair Work Commission, Lake, reviewed the application on the submitted documents, including the declaration by Scott James Reichman, the Union Organiser, which outlined the union's efforts in negotiations with Coca-Cola. Lake was satisfied that all conditions for a protected action ballot under section 443(1) of the Act were met, including the notification period for the proposed agreement. The ballot was to be conducted by Democratic Outcomes Pty Ltd T/A CiVS (CiVS), which had been approved as an eligible ballot agent under section 468A of the Act.

The legal issues the court had to decide involved whether the CEPU had genuinely tried to reach an agreement with Coca-Cola, as required by the Act, and whether all procedural requirements for a protected action ballot were met. The court also needed to determine the closing date for the voting period, which would establish the ballot period. The Deputy President concluded that the CEPU had genuinely attempted to negotiate with Coca-Cola and that all necessary conditions for the ballot had been fulfilled. The court set the closing date for voting as 23 September 2025, effectively 10 working days from the issuance of the order, as requested in the application.

Deputy President Lake determined the matter based on the documentation submitted, including the declaration by the CEPU's Union Organiser. The court concluded that the CEPU had genuinely attempted to negotiate with Coca-Cola and that all procedural requirements for a protected action ballot had been satisfied. Lake set the closing date for voting as 23 September 2025, establishing the ballot period accordingly. The Deputy President also decided to conduct the compulsory conciliation conference under section 448A of the Act and issued a separate order for the conference, which required attendance.

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia v 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