Gruma Oceania Pty Ltd T/A Mission Foods

[2025] FWCA 472

[2025] FWCA 472

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Gruma Oceania Pty Ltd T/A Mission Foods

(AG2024/5195)

THE GRUMA OCEANIA ENTERPRISE AGREEMENT 2024

Food, beverages and tobacco manufacturing industry
COMMISSIONER MIRABELLA	MELBOURNE, 6 FEBRUARY 2025

Application for approval of the Gruma Oceania Enterprise Agreement 2024

1. Gruma Oceania Pty Ltd Trading As Mission Foods (the Employer) has made an application for approval of an enterprise agreement known as The Gruma Oceania 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.

1. 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 20 June 2024 and the Agreement was made on 19 December 2024. Accordingly, both the genuine agreement and the better off overall test requirements are those applying on and from 6 June 2023.

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

1. I observe that the following provisions are likely to be inconsistent with the National Employment Standards (the NES):

·   Clause 9.5(c): Paid leave (casuals)

·   Clause 9.5(e): Casual conversion

·   Clause 17.1: Notice of absence

·   Clause 17.3: Abandonment of employment

·   Clause 19.1: Compassionate leave

·   Clause 19.3: Personal, carer’s and compassionate leave evidence

1. However, noting clause 5.3 of the Agreement, I am satisfied that the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

1. The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union being a bargaining representative for the Agreement, has given notice under s 183 of the FW Act that it wants the Agreement to cover it. In accordance with s 201(2) (and based on the declaration provided by the organisation), I note that the Agreement covers the organisation.

1. The Agreement was approved and, in accordance with s.54, will operate from 13 February 2025. The nominal expiry date of the Agreement is 5 December 2028.

COMMISSIONER

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