Derby Industries Pty Ltd Trading AS Talloman

Case

[2025] FWCA 2646

8 AUGUST 2025


[2025] FWCA 2646

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Derby Industries Pty Ltd Trading AS Talloman

(AG2025/2328)

DERBY INDUSTRIES PTY LTD ENTERPRISE AGREEMENT 2025 (TALLOMAN)

Meat Industry

COMMISSIONER SIMPSON

BRISBANE, 8 AUGUST 2025

Application for approval of the Derby Industries Pty Ltd Enterprise Agreement 2025 (Talloman).

  1. An application has been made for approval of an enterprise agreement known as the Derby Industries Pty Ltd Enterprise Agreement 2025 (Talloman) (the Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Debry Industries Pty Ltd Trading AS Talloman (the Applicant). The Agreement is a single enterprise agreement.

  1. The Applicant has provided written undertakings. 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.

  1. Subject to the undertakings and amendment referred to above, I am satisfied that each requirement of ss.186, 187 and 188 as are relevant to this application for approval have been met. The undertakings are taken to be a term of the Agreement.

  1. Noting clause 5.2 of the Agreement, I am satisfied that the more beneficial entitlements of the NES in the Act will prevail where there is an inconsistency between the Agreement and the NES.

  1. The Australasian Meat Industry Employees’ Union (AMIEU) and the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia – Electrical Division, Western Australian Branch (CEPU) lodged a Form F18 statutory declaration giving notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) of the Act, I note the Agreement covers the AMIEU and the CEPU.

  1. The Agreement is approved and will operate in accordance with s.54 of the Act. The nominal expiry date of this Agreement will be 30 June 2027.


COMMISSIONER

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