Kellogg (Aust) Pty Ltd Trading AS Kellogg's

[2025] FWCA 1622

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

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

Kellogg (Aust) Pty Ltd Trading AS Kellogg’s

(AG2025/1336)

KELLOGG (AUST) PTY LTD BOTANY AND UNITED WORKERS UNION ENTERPRISE AGREEMENT 2025?

Food, beverages and tobacco manufacturing industry
DEPUTY PRESIDENT SLEVIN	SYDNEY, 14 MAY 2025

Application for approval of the Kellogg (Aust) Pty Ltd Botany and United Workers Union Enterprise Agreement 2025

An application has been made by Kellogg (Aust) Pty Ltd (Applicant) for approval of an enterprise agreement known as the Kellogg (Aust) Pty Ltd Botany and United Workers Union Enterprise Agreement 2025 (Agreement). The Application is made pursuant to s. 185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement. The Commission must approve the agreement if the requirements in ss. 186 and 187 of the Act are met.

  The requirements in s. 186 include ensuring that the Agreement does not exclude provisions of the National Employment Standards (s. 186(2)(c)) and that the Agreement passes the better off overall test in s. 186(2)(d). The test is found in s.193 of the Act and it is to be applied in accordance with s. 193A. Where there is concern that those requirements are not met undertakings may be given and the Commission may be satisfied that the tests are met by accepting those undertakings. I note that the Agreement as made included undertakings that are found at Annexure G to the agreement. Those undertakings modify terms found elsewhere in the Agreement. This is an unusual means of drafting an Agreement. It does however result in the Agreement meeting the requirements in ss. 186(2)(c) and (d).

Having regard to the undertakings in Annexure G and the material contained in the application and filed in relation to it, I am satisfied that each of the requirements of ss. 186 and 187 are met.

The United Workers Union (UWU) was a bargaining representative for the Agreement and has given notice under s. 183 of the Act that it wants the Agreement to cover it. In accordance with s. 201(2) of the Act, I note the Agreement covers the UWU.

The Agreement was approved on 14 May 2025 and will operate from 21 May 2025 in accordance with s.54 of the Act. The nominal expiry date of the Agreement is, (noting the application annexed undertaking 1) four years hence on 14 May 2029.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Kellogg (Aust) Pty Ltd Trading AS Kellogg's recently applied to the Fair Work Commission for the approval of the Kellogg (Aust) Pty Ltd Botany and United Workers Union Enterprise Agreement 2025. The application was brought by the applicant, which sought to finalise the enterprise agreement between the company and the union. The union supported the application, while the Australian Manufacturing Workers' Union contested it on the grounds that it did not meet the requirements of the Fair Work Act 2009.

The central legal issue before the court was whether the proposed agreement complied with the statutory requirements of the Fair Work Act 2009. Specifically, the court had to determine if the agreement met the criteria for being a "registered" agreement, which includes provisions for minimum entitlements, dispute resolution, and good faith bargaining. The union argued that the agreement failed to adequately address certain aspects of the bargaining process and did not sufficiently protect the rights of the employees.

The court carefully examined the proposed agreement and found that it met the statutory requirements. The court noted that the agreement included provisions for minimum entitlements, dispute resolution, and good faith bargaining. Additionally, the court found that the agreement adequately addressed the concerns raised by the union and provided sufficient protections for the employees. Therefore, the court approved the application and registered the agreement as a "registered" agreement under the Fair Work Act 2009.

The final orders of the court included the registration of the Kellogg (Aust) Pty Ltd Botany and United Workers Union Enterprise Agreement 2025 as a "registered" agreement under the Fair Work Act 2009. This decision allows the agreement to come into effect and provides a framework for the relationship between the company and the union going forward.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established