| [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
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.
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.
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.
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.
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.
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.
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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- AGLC
- Kerry Ingredients Australia Pty Limited [2025] FWCA 826
- Case
- [2025] FWCA 826
- Decision Date
CaseChat Overview and Summary
The court had to consider whether the agreement provided for minimum entitlements and whether it contained all the required provisions under section 229 of the Act. The legal issues included verifying that the agreement had been fairly and properly negotiated, and whether the agreement was in the best interests of the employees. Additionally, the court had to determine if the agreement contained provisions that met the requirements under the Fair Work Act, such as the inclusion of the modern awards, and if it adhered to the principles of the National Employment Standards.
The Fair Work Commission found that the agreement was fairly and properly negotiated and contained all necessary provisions as required by the Fair Work Act. The court noted that the agreement provided for minimum entitlements and included all the required provisions, meeting the standards set forth in the legislation. The court concluded that the agreement was in the best interests of the employees and was appropriately negotiated, thus granting approval for the Kerry Ingredients Australia Pty. Limited Maintenance – Murarrie Enterprise Agreement 2025.
Orders
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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