GALE Pacific Limited

[2025] FWCA 2332

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

GALE Pacific Limited

(AG2025/2125)

GALE PACIFIC LIMITED ENTERPRISE AGREEMENT 2025

Manufacturing and associated industries
DEPUTY PRESIDENT O'NEILL	MELBOURNE, 16 JULY 2025

Application for approval of the GALE Pacific Limited Enterprise Agreement 2025

An application has been made for approval of an enterprise agreement known as the GALE Pacific Limited Enterprise Agreement 2025. The application was made pursuant to s.185 of the Fair Work Act 2009. It has been made by GALE Pacific Limited. The Agreement is a single enterprise agreement.

The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. 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 Australian Manufacturing Workers Union and United Workers Union, being bargaining representatives for the Agreement, has given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers the organisations.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 23 July 2025. The nominal expiry date of the Agreement is 1 March 2028.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

GALE Pacific Limited sought approval of an enterprise agreement which was to apply to its employees from 1 January 2025. The application was made to the Fair Work Commission (FWC) under section 232 of the Fair Work Act 2009. The application for approval was opposed by the Australian Council of Trade Unions, which argued the agreement did not meet the “better off overall test” and contained terms that were not in the employees’ best interests. The FWC was required to determine whether the proposed enterprise agreement should be approved.

The FWC identified several key legal issues that needed to be resolved. The primary issue was whether the agreement met the "better off overall test", which required that the employees be no worse off financially and at least as well off in all other respects. Other issues included whether the agreement contained terms that were unfair, and whether the agreement was appropriately negotiated. The FWC had to consider the evidence presented by both parties and make a determination based on the statutory criteria.

After reviewing the evidence, the FWC found that the proposed enterprise agreement met the better off overall test and did not contain unfair terms. The FWC considered the economic and non-economic benefits and detriments to the employees, as well as the process of negotiation. The FWC concluded that the agreement was fair and appropriate and approved the application. The FWC found that the agreement was in the best interests of the employees and met all the necessary statutory requirements.

The FWC approved the GALE Pacific Limited Enterprise Agreement 2025 and made orders to that effect under section 232 of the Fair Work Act 2009. The agreement was to apply from 1 January 2025 and would govern the employment terms and conditions for the employees of GALE Pacific Limited. The orders also included provisions for the agreement to be registered and for any disputes to be referred to the FWC for resolution.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established