Fair Work Commission|2025-09-09

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia v Coca-Cola Europacific Partners Australia Pty Ltd [2025] FWC 2677 (9 September 2025)

s.437 - Protected action

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

Coca-Cola Europacific Partners Australia Pty Ltd

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

[1] 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.

[2] 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.

[3] 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.

[4] 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.

[5] 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.

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

[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

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia v Coca-Cola Europacific Partners Australia Pty Ltd [2025] FWC 2677