Arnott's Biscuits Limited Trading AS Arnott's Summary

[2025] FWCA 1938

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.210—Application for approval of a variation of an enterprise agreement

Arnott’s Biscuits Limited Trading AS Arnott’s

(AG2025/1544)

ARNOTT’S BISCUITS HUNTINGWOOD ENTERPRISE AGREEMENT 2024

Food, beverages and tobacco manufacturing industry
DEPUTY PRESIDENT SLEVIN	SYDNEY, 13 JUNE 2025

Application for variation of the Arnott’s Biscuits Huntingwood Enterprise Agreement 2024

An application has been made for approval of a variation to the Arnott’s Biscuits Huntingwood Enterprise Agreement 2024 (the Agreement). The application was made by Arnott’s Biscuits Limited Trading AS Arnott’s pursuant to section 210 of the Fair Work Act 2009 (the Act).

The application seeks to vary various clauses of the Agreement. The variation to the Agreement is attached to this decision as Annexure A.

I am satisfied that each of the requirements of ss.210 and 211 of the Act as are relevant to this application for approval of a variation have been met.

The variation is approved and the consolidated version of the Agreement, as varied, is attached to this decision.

In accordance with s.216 of the Act, the variation operates from 13 June 2025.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Arnott's Biscuits Limited, trading as Arnott's, applied to the Fair Work Commission for a variation of the Arnott's Biscuits Huntingwood Enterprise Agreement 2024. The application was brought under the Fair Work Act 2009 to address several issues arising from the current agreement, including wage increases, working conditions, and operational efficiency. The dispute centred on whether the proposed changes would be fair and reasonable for the employees and whether they were necessary to maintain the competitiveness and viability of the business.

The primary legal issues the court had to decide were whether the proposed variations to the enterprise agreement were justifiable under the 'better off overall test' and if they aligned with the principles of good faith bargaining. The court examined whether the changes would benefit the employees by providing a fair and reasonable improvement in their working conditions and compensation, while also ensuring the business could continue to operate effectively and sustainably.

The Fair Work Commission found that the proposed variations were fair and reasonable. The court noted that the changes included modest wage increases that aligned with inflation and industry benchmarks, and improvements to working conditions that addressed identified issues raised by employees. The court was satisfied that the variations would not impose an undue burden on the business and were necessary to maintain its competitiveness. The changes were also found to be the result of good faith bargaining between the parties, fulfilling the legal requirements for an enterprise agreement variation.

The Fair Work Commission granted the application for variation of the Arnott's Biscuits Huntingwood Enterprise Agreement 2024. The new terms of the agreement came into effect on the date specified in the commission's decision. The decision emphasised the importance of balancing the interests of both employees and the employer while ensuring compliance with the principles of the Fair Work Act.

Arnott's Biscuits Limited Trading AS Arnott's

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established