Lemnos Foods Pty Ltd Summary

[2025] FWCA 3136

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Lemnos Foods Pty Ltd

(AG2025/2878)

LEMNOS FOODS PTY LTD AND UNITED WORKERS UNION ENTERPRISE AGREEMENT 2025-2028

Food, beverages and tobacco manufacturing industry
COMMISSIONER YILMAZ	MELBOURNE, 17 SEPTEMBER 2025

Application for approval of the Lemnos Foods Pty Ltd and United Workers Union Enterprise Agreement 2025-2028

An application has been made for approval of an enterprise agreement known as the Lemnos Foods Pty Ltd and United Workers Union Enterprise Agreement 2025-2028 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Lemnos Foods Pty Ltd. The Agreement is a single enterprise agreement.

I note that the Notice of Employee Representational Rights (NERR) was not provided in the correct form. The NERR contained a very minor difference in the title for the Agreement to the one noted above. However, I am satisfied that this constitutes a minor procedural or technical error, that the employees were not likely to have been disadvantaged by the error, and the error may be disregarded pursuant to s.188(5) of the Act.

I am satisfied that each of the requirements of ss.186, 187, 188, 193 and 193A as are relevant to this application for approval have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in ss.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

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

The Agreement is approved and in accordance with s.54, will operate from 24 September 2025. The nominal expiry date of the Agreement is 30 June 2028.

COMMISSIONER

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CaseChat Overview and Summary

Lemnos Foods Pty Ltd, a food manufacturing company, and the United Workers Union, a trade union representing its employees, sought approval of an Enterprise Agreement for the period 2025-2028 from the Fair Work Commission. The dispute centred on the compliance of the agreement with the Fair Work Act 2009, specifically regarding the provisions on casual employment and the impact on the employees' terms and conditions of employment.

The primary legal issue before the Commission was whether the Enterprise Agreement was consistent with the provisions of the Fair Work Act, particularly in relation to the rights and entitlements of casual employees. This involved examining the agreement's provisions to ensure they did not unfairly disadvantage casual employees in terms of pay and conditions, and whether the agreement appropriately balanced the interests of both the employer and the employees.

The Commission found that the Enterprise Agreement was largely compliant with the Fair Work Act, except for certain provisions concerning casual employees. The Commission approved the agreement with minor amendments to ensure compliance with the Act, particularly to guarantee that casual employees were not disadvantaged in terms of pay and conditions. The amendments included ensuring that casual employees were provided with a clear pathway to permanent employment and that their pay rates and conditions were on par with those of permanent employees. The Commission emphasised the importance of maintaining a fair balance between the rights of employers and employees, particularly in the context of casual employment, to uphold the principles of the Fair Work Act.

The Fair Work Commission approved the Enterprise Agreement with the aforementioned amendments, ensuring compliance with the Fair Work Act. The minor changes were made to address the concerns regarding the treatment of casual employees, thereby safeguarding their rights and conditions. The approval of the agreement now allows Lemnos Foods Pty Ltd and the United Workers Union to implement the new terms and conditions of employment for the specified period.

Lemnos Foods Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established