Aryzta Australia Pty Ltd Summary

[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

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.

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.

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.

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.

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.

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.

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

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the recent case, Aryzta Australia Pty Ltd applied to the Fair Work Commission for the approval of the Aryzta Australia Pty Ltd (VIC) Enterprise Agreement 2024. The dispute involved whether the enterprise agreement met the statutory requirements under the Fair Work Act 2009. The respondents to the application were the Australian Manufacturing Workers' Union, which represented the employees, and the applicant, Aryzta Australia Pty Ltd, which was the employer.

The primary legal issue before the court was whether the enterprise agreement complied with the Fair Work Act 2009, specifically whether it contained all the mandatory terms required by the Act, and whether it was appropriately certified. The court needed to examine whether the agreement was made in good faith and whether it provided for a fair and efficient workplace. Additionally, the court needed to determine whether the agreement provided for the lawful dismissal of employees, as well as whether it contained all the mandated minimum terms as stipulated in the Act.

The court examined the provisions of the enterprise agreement and the processes that led to its creation. The court considered whether the agreement was made in good faith and whether it provided for a fair and efficient workplace. The court also assessed the manner in which the agreement was certified and whether the process was in accordance with the statutory requirements. After thorough analysis, the court found that the agreement contained all the mandatory terms required by the Fair Work Act 2009 and that the certification process was compliant with the Act. The court determined that the agreement was fair and efficient and provided for the lawful dismissal of employees.

Consequently, the court approved the enterprise agreement, confirming its compliance with the statutory requirements and certifying it as a valid and enforceable agreement. This decision allows the agreement to be implemented between the parties, providing a framework for the terms and conditions of employment for the employees of Aryzta Australia Pty Ltd.

Aryzta 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