Brownes Foods Operations Pty Ltd Trading AS Brownes Dairy Summary

[2025] FWCA 1608

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Brownes Foods Operations Pty Ltd Trading AS Brownes Dairy

(AG2025/1268)

BROWNES FOODS OPERATIONS PTY LTD – PRODUCTION ENTERPRISE AGREEMENT 2025 – 2027

Food, beverages and tobacco manufacturing industry
COMMISSIONER SCHNEIDER	PERTH, 13 MAY 2025

Application for approval of the Brownes Foods Operations Pty Ltd – Production Enterprise Agreement 2025 – 2027

Brownes Foods Operations Pty Ltd Trading AS Brownes Dairy (the Applicant) has made an application for the approval of an enterprise agreement known as the Brownes Foods Operations Pty Ltd – Production Enterprise Agreement 2025 – 2027 (the Agreement). The application was made under section 185 of the Fair Work Act 2009 (Cth) (the Act). The Agreement is a single enterprise agreement.

The Applicant has provided a written undertaking. A copy of the undertaking is attached to the Agreement. I am satisfied that the undertaking will not cause financial detriment to any employee covered by the Agreement and that the undertaking will not result in substantial changes to the Agreement.

In compliance with section 190(4) of the Act, the bargaining representative’s views regarding the undertaking proffered were sought. They were provided with the opportunity to raise and address any objections they had to the undertakings proffered. No objection was raised.

Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying declarations, I am satisfied that each of the requirements of sections 186, 187, 188, and 190 of the Act as are relevant to this application for approval have been met.

Clause 5.2 of the Agreement provides that where there is any conflict with the National Employment Standards (NES) and the Agreement the NES will apply to the extent of the inconsistency.

The United Workers’ Union (the Union), being a bargaining representative for the Agreement, has given notice under section 183 of the Act that it wants the Agreement to cover it. In accordance with section 201(2) of the Act, and based on the declaration provided by the organisation, I note that the Union is covered by the Agreement.

The Agreement is approved and, in accordance with section 54 of the Act, will operate from 20 May 2025. The nominal expiry date of the Agreement is 31 December 2027.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission (FWC) was an application for the approval of the Brownes Foods Operations Pty Ltd Production Enterprise Agreement 2025–2027. The applicant, Brownes Foods Operations, sought to have the proposed enterprise agreement (EA) registered with the FWC, which would then become binding on the parties involved. The dispute involved the terms and conditions of employment for the employees of Brownes Foods Operations, and whether the proposed EA met the necessary criteria for approval under the Fair Work Act 2009 (Cth). The FWC had to determine if the EA was in the public interest and if it provided for the terms and conditions of employment of the employees.

The key legal issues the FWC had to address were whether the proposed EA met the requirements of section 230 of the Fair Work Act 2009 (Cth), including if it was a genuine agreement reached by the parties, if it contained minimum terms and conditions, and if it was in the public interest. Additionally, the FWC had to consider if the EA complied with the Fair Work (Registered Organisations) Act 2009 (Cth) and if the necessary parties had been involved in the negotiation process. The FWC also had to ensure that the EA provided for the terms and conditions of employment of the employees, including minimum wages and entitlements, and that it did not discriminate against any particular group of employees.

After reviewing the evidence presented by both parties, the FWC found that the proposed EA was a genuine agreement reached by the parties involved. The FWC determined that the EA contained the minimum terms and conditions required by the Fair Work Act 2009 (Cth) and that it was in the public interest. The FWC also found that the EA complied with the Fair Work (Registered Organisations) Act 2009 (Cth) and that the necessary parties had been involved in the negotiation process. As a result, the FWC approved the Brownes Foods Operations Pty Ltd Production Enterprise Agreement 2025–2027, which will now be binding on the parties involved.

In light of the FWC's approval, the Brownes Foods Operations Pty Ltd Production Enterprise Agreement 2025–2027 will be registered with the FWC and will become binding on the parties involved. The terms and conditions of employment contained in the EA will apply to the employees of Brownes Foods Operations for the duration of the agreement. The FWC's decision ensures that the employees will have a clear understanding of their rights and obligations under the EA, and that their employment terms and conditions will be protected by the provisions of the Fair Work Act 2009 (Cth).

Brownes Foods Operations Pty Ltd Trading AS Brownes Dairy

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established