Kerry Ingredients Australia Pty Limited

[2025] FWCA 826

[2025] FWCA 826

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Kerry Ingredients Australia Pty Limited

(AG2025/217)

KERRY INGREDIENTS AUSTRALIA PTY LIMITED MAINTENANCE – MURARRIE ENTERPRISE AGREEMENT 2025

Food, beverages and tobacco manufacturing industry
COMMISSIONER DURHAM	BRISBANE, 5 MARCH 2025

Application for approval of the Kerry Ingredients Australia Pty. Limited Maintenance – Murarrie Enterprise Agreement 2025

1. An application has been made for approval of an enterprise agreement known as the Kerry Ingredients Australia Pty. Limited Maintenance – Murarrie Enterprise Agreement 2025 (the Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Kerry Ingredients Australia Pty Limited (the Applicant). The Agreement is a single enterprise agreement.

1. The Applicant has provided written undertakings. 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.

1. Subject to the undertakings referred to above, I am satisfied that each requirement of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met. The undertakings are taken to be a term of the Agreement.

1. The Agreement does not contain a model consultation term compliant with the Act. Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

1. Noting the undertakings provided and cl.7 of the Agreement, I am satisfied that the more beneficial entitlements of the NES in the Act will prevail where there is an inconsistency between the Agreement and the NES.

1. The Communications, Electrical, Electronic, Energy Information, Postal, Plumbing and Allied Services Union of Australia (ETU) lodged a Form F18 statutory declaration giving 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 ETU.

1. The Agreement is approved and will operate in accordance with s.54 of the Act. The nominal expiry date of the Agreement is 31 December 2025.

COMMISSIONER

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