Aryzta Australia Pty Ltd

[2025] FWCA 2655

[2025] FWCA 2655

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Aryzta Australia Pty Ltd

(AG2025/834)

ARYZTA AUSTRALIA PTY LTD (VIC) ENTERPRISE AGREEMENT 2024

Food, beverages and tobacco manufacturing industry
COMMISSIONER MIRABELLA	MELBOURNE, 8 AUGUST 2025

Application for approval of the ARYZTA Australia Pty Ltd (VIC) Enterprise Agreement 2024

1. An application has been made for the approval of an enterprise agreement known as the ARYZTA Australia Pty Ltd (VIC) Enterprise Agreement 2024. The application was made pursuant to s.185 of the Fair Work Act 2009 (Cth) (the Act). It has been made by Aryzta Australia Pty Ltd (the Employer). The Agreement is a single enterprise agreement.

1. The Employer has made an application pursuant to s.218A of the Act to correct typographical errors in the Agreement, in that certain internal clause references in various  clauses of the Agreement were not updated to reflect re-numbered clauses from the previous version  of the Agreement. The variations sought by the Employer are in relation to obvious errors. The proposed variations do not disturb any of my findings in relation to the approval of the Agreement and the employees will not be disadvantaged by the proposed variations. In the circumstances, it is appropriate to vary the Agreement pursuant to s.218A(2)(b)(i) in the terms sought by the Employer.

1. I observe the following provisions are likely to be inconsistent with the National Employment Standards (NES):

• Clause 10(d)(ii)
• Clause 30(c)(ii)
• Clause 23

The Employer provided a NES precedence clause within their undertakings. I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

1. The Employer provided written undertakings to address certain BOOT issues. A copy of the undertakings is attached in Appendix D of the Agreement. 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.

1. 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.

1. The United Workers Union (UWU) 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 UWU.

1. The Agreement is approved and, in accordance with s.54 of the Act, will operate from 15 August 2025. The nominal expiry date of the Agreement is 30 June 2027.

COMMISSIONER

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