Dollar Sweets Company Pty Ltd Summary

[2025] FWCA 1935

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Dollar Sweets Company Pty Ltd

(AG2025/1051)

DOLLAR SWEETS PTY LTD ENTERPRISE AGREEMENT 2024

Manufacturing and associated industries
COMMISSIONER MIRABELLA	MELBOURNE, 12 JUNE 2025

Application for approval of the Dollar Sweets Pty Ltd Enterprise Agreement 2024

Dollar Sweets Company Pty Ltd (the Employer) has made an application for approval of an enterprise agreement known as the Dollar Sweets Pty Ltd Enterprise Agreement 2024 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (Cth) (the FW Act). The Agreement is a single enterprise agreement.

The Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 (Cth) made a number of changes to enterprise agreement approval processes in Part 2–4 of the FW Act, that commenced operation on 6 June 2023. The notification time for the Agreement was 22 April 2024 and the Agreement was made on 16 April 2025. Accordingly, both the genuine agreement and the better off overall test requirements are those applying on and from 6 June 2023.

On the basis of the material contained in the application, I am satisfied that each of the requirements of sections 186, 187, 188 and 190, as are relevant to this application for approval, have been met.

The Notice of Employee Representation Rights (NERR) is unclear whether employees knew they were in a classification covered by the Agreement at the time the NERR was provided. On the basis of the material contained in the application and accompanying material provided, I am satisfied that the employees covered by the Agreement were not likely to have been disadvantaged by the error. As a result, I am satisfied that the Agreement has been genuinely agreed to within the meaning of s.188(5) of the FW Act.

Pursuant to s.202(4) of the FW Act, the model flexibility term prescribed by the Fair Work Regulations 2009 (Cth) is taken to be a term of the Agreement

The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers Union (AMWU), being bargaining representatives for the Agreement, have given notice under s.183 of the FW Act that they want the Agreement to cover them. In accordance with s.201(2) (and based on the declarations provided by the organisations), I note that the Agreement covers the organisations.

The Agreement is approved on 12 June 2025 and, in accordance with s.54 of the FW Act, will operate from 19 June 2025. The nominal expiry date of the Agreement is 17 February 2028.

COMMISSIONER

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CaseChat Overview and Summary

Dollar Sweets Company Pty Ltd recently brought an application before the Fair Work Commission, seeking approval of the Dollar Sweets Pty Ltd Enterprise Agreement 2024. The dispute centred around whether the proposed agreement met the legal standards for approval under the Fair Work Act 2009, specifically concerning the agreement's provisions on employee entitlements, working conditions, and dispute resolution mechanisms. The Fair Work Commission was tasked with assessing the agreement against the legal requirements set out in the Act, ensuring that it did not unfairly disadvantage employees and complied with the fundamental principles of industrial relations.

The primary legal issues addressed by the Commission involved the fairness and compliance of the agreement's provisions. The Commission examined whether the agreement appropriately balanced the interests of the employer and employees, whether it complied with minimum standards for wages and conditions, and whether the dispute resolution processes were fair and accessible. The Commission also considered the process by which the agreement was made, including whether there was genuine bargaining and whether the agreement had been properly certified as a simple or low-complexity agreement. These considerations were critical in determining whether the agreement should be approved and registered as a valid enterprise agreement.

After a thorough review, the Fair Work Commission found that the Dollar Sweets Pty Ltd Enterprise Agreement 2024 was compliant with the relevant provisions of the Fair Work Act. The Commission determined that the agreement appropriately balanced the interests of both the employer and employees, met the minimum standards for wages and conditions, and included fair dispute resolution processes. The Commission also confirmed that the agreement was genuinely bargained and properly certified. As a result, the Commission approved and registered the agreement, ensuring it would serve as a binding contract between Dollar Sweets Company Pty Ltd and its employees from the effective date.

Dollar Sweets Company Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established