| [2025] FWCA 3014 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Flavour Makers Australia Pty Ltd
(AG2025/2595)
FLAVOUR MAKERS COLLECTIVE AGREEMENT 2025
| Food, beverages and tobacco manufacturing industry | |
| DEPUTY PRESIDENT FAROUQUE | MELBOURNE, 5 SEPTEMBER 2025 |
Application for approval of the Flavour Makers Collective Agreement 2025
Introduction
Flavour Makers Australia Pty Ltd (the Employer) has made an application for approval of a single-enterprise agreement known as the Flavour Makers Collective Agreement 2025 (the Agreement), pursuant to s 185 of the Fair Work Act 2009 (Cth) (the Act).
Section 190 Undertakings
The Employer has provided a written undertaking relating to the definition of “Night Shift” in clause 12 of the Agreement. A copy of the undertakings is attached in Annexure A. The views of the bargaining representatives known to the Commission have been sought in respect of the undertaking. The United Workers’ Union, which is a bargaining representative supported the undertaking. None of the other employee bargaining representatives expressed a view.
I am satisfied that the undertaking 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.
Section 186, 187, 188 and 190
Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss 186, 187 and 188 of the Act as are relevant to this application for approval have been met.
Section 183 Bargaining Representatives
The “United Workers Union” (UWU), being a bargaining representative for the Agreement, have given notice under s 183 of the Act that it wants the Agreement to cover it. In accordance with s 201(2), I note the Agreement covers the “United Workers Union” (UWU).
Approval
The Agreement is approved and, in accordance with s 54 of the Act, will operate seven days after approval.
DEPUTY PRESIDENT
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- AGLC
- Flavour Makers Australia Pty Ltd [2025] FWCA 3014
- Case
- [2025] FWCA 3014
- Decision Date
CaseChat Overview and Summary
The primary legal issue was whether the agreement complied with the provisions of the Fair Work Act, including whether it provided for genuine bargaining, did not discriminate against any employee, and was in the best interests of the employees. Additionally, the court had to assess if the agreement included all the minimum terms and conditions mandated by the Act and whether it was certified as a simple or low complexity agreement.
The Commission found that the agreement did indeed meet all the statutory requirements. It was determined that the bargaining process was genuine, the agreement did not discriminate against any group of employees, and it provided for terms and conditions that were in the best interests of the employees. Furthermore, the agreement incorporated all necessary minimum terms and conditions as prescribed by the Fair Work Act, and it was appropriately certified as a simple agreement. Consequently, the application for the approval of the Flavour Makers Collective Agreement 2025 was approved.
The Fair Work Commission approved the Flavour Makers Collective Agreement 2025, effective from the date of the decision. This decision confirmed the agreement's compliance with all relevant provisions of the Fair Work Act, allowing it to be implemented as the governing enterprise agreement for the relevant employees.
Orders
Orders of the court
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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