Application by Coca-Cola Europacific Partners Pty Ltd
Citation: [2026] FWCA 2281
What happened
Coca-Cola Europacific Partners Pty Ltd applied to the Fair Work Commission to have the Coca-Cola Europacific Partners Pty Ltd Richlands (Qld) Manufacturing Enterprise Agreement 2026 – 2029 approved. The agreement is a single enterprise agreement covering employees in the food, beverages and tobacco manufacturing industry. The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (ETU) and the United Workers Union (UWU) indicated they wished to be covered by the agreement.
What was decided
The Fair Work Commission approved the enterprise agreement. A clause regarding delegates’ rights was deemed not to be as favourable as the modern award, so the modern award’s provisions will apply. The ETU and UWU will be covered by the agreement. The agreement will operate from August 28, 2026, and expire on June 30, 2029. As the Deputy President Dobson stated, 'The Agreement is approved and will operate in accordance with s.54 of the Act from 28 August 2026.'
What it means for employers
Employers should ensure enterprise agreements contain delegate rights terms that are at least as favourable as the relevant modern award. Failure to do so can result in the agreement's terms being overridden by the award’s provisions.
What it means for employees
Employees should be aware of their rights under enterprise agreements and modern awards. Unions can seek to be covered by enterprise agreements, ensuring their members benefit from the agreement’s terms.
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This summary was drafted from the published decision and reviewed before publishing. It is general information, not legal advice. For your specific situation, speak to the Fair Work Ombudsman (13 13 94) or a qualified lawyer. About these summaries & corrections