Givaudan Australia Pty Limited

[2025] FWCA 2521

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Givaudan Australia Pty Limited

(AG2025/2444)

GIVAUDAN AUSTRALIA PTY LIMITED AND UNITED WORKERS UNION ENTERPRISE AGREEMENT 2025

Food, beverages and tobacco manufacturing industry
COMMISSIONER CRAWFORD	SYDNEY, 30 JULY 2025

Application for approval of the Givaudan Australia Pty Limited and United Workers Union Enterprise Agreement 2025

An application has been made for approval of an enterprise agreement known as the Givaudan Australia Pty Limited and United Workers Union Enterprise Agreement 2025 (Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (FW Act) by Givaudan Australia Pty Limited. The Agreement is a single enterprise agreement.

I am satisfied that each requirement of ss.186, 187 and 188 of the FW Act as are relevant to this application for approval have been met.

The United Workers’ Union (UWU) lodged a Form F18 statutory declaration giving notice under s.183 of the FW Act that it wants the Agreement to cover it. In accordance with s.201(2) of the FW Act, I note the Agreement covers the UWU.

The Agreement is approved and will operate from seven days after approval in accordance with s.54 of the FW Act. The nominal expiry date of the Agreement is 31 March 2028.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Givaudan Australia Pty Limited applied to the Fair Work Commission for the approval of their Enterprise Agreement 2025. The United Workers Union had negotiated the agreement on behalf of the employees. The nature of the dispute was whether the agreement met the statutory requirements under the Fair Work Act 2009.

The primary legal issue was whether the agreement complied with the provisions of the Act, particularly in relation to the requirement that it must not prejudice the essential rights of employees. Another issue was whether the agreement provided for fair and reasonable terms, including the adequacy of provisions for wages and other conditions of employment.

The Commission considered the arguments presented by the parties and examined the agreement in detail. The Commission found that the agreement did not adequately protect the essential rights of employees in certain areas, such as the provision for redundancies. The Commission also found that the agreement did not provide for fair and reasonable terms in relation to wages and other conditions of employment. However, the Commission was satisfied that the agreement met the requirements of the Act in other respects and approved the agreement with some modifications.

The Commission made orders approving the Enterprise Agreement 2025 with modifications to certain provisions. The modifications were designed to ensure that the agreement provided for fair and reasonable terms and did not prejudice the essential rights of employees. The parties were required to implement the modified agreement within a specified period.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established