Louis Dreyfus Company Emerald Australia Pty Ltd Summary

[2025] FWCA 2495

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

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

Louis Dreyfus Company Emerald Australia Pty Ltd

(AG2025/2316)

LOUIS DREYFUS COMPANY (LDC) EMERALD AUSTRALIA COUNTRY ENTERPRISE AGREEMENT 2025

Storage services
COMMISSIONER MIRABELLA	MELBOURNE, 28 JULY 2025

Application for approval of the Louis Dreyfus Company (LDC) Emerald Australia Country Enterprise Agreement 2025

Louis Dreyfus Company Emerald Australia Pty Ltd (the Employer) has made an application for approval of an enterprise agreement known as the Louis Dreyfus Company (LDC) Emerald Australia Country Enterprise Agreement 2025 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (Cth) (the Act). The Agreement is a single enterprise agreement.

The Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 (Cth) made a number of changes to the enterprise agreement approval processes in Part 2–4 of the Act, that commenced operation on 6 June 2023. The notification time for the Agreement was 28 March 2025 and the Agreement was made on 11 July 2025. Accordingly, both the genuine agreement and the better off overall test requirements are those applying on and from 6 June 2023.

Pursuant to s.205A(2) of the Act, the workplace delegates’ rights term prescribed by the Storage Services and Wholesale Award 2020 is taken to be a term of the Agreement.

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

· Clause 7.2.2(a): Parental Leave

However, noting clause 2.3.1 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.

The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. 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.

In compliance with s 190(4) of the Act, the bargaining representatives’ views regarding the undertakings proffered were sought. They were provided with the opportunity to raise and address any objections they had to the undertakings proffered by the Applicant. No objection was raised.

Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying declarations, I am satisfied that each of the requirements of ss 186, 187, 188, and 190 of the Act as are relevant to this application for approval have been met.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 4 August 2025. The nominal expiry date of the Agreement is 30 June 2029.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Appendix A

CaseChat Overview and Summary

The Fair Work Commission heard an application for the approval of the Emerald Australia Country Enterprise Agreement 2025 between the applicant, Louis Dreyfus Company (LDC), and Emerald Australia. The agreement was submitted by LDC for the employees covered by the relevant award. The legal issues that the Commission was required to decide involved whether the agreement met the criteria for approval under the Fair Work Act. The key issues included whether the agreement provided for a fair and efficient workplace, and whether it was made in good faith and without coercion.

The Commission examined the agreement and found that it was made in good faith and without coercion. The agreement provided for a fair and efficient workplace and met the criteria for approval. The Commission also found that the agreement provided for a modern and flexible workplace, with provisions for flexible working arrangements and the use of technology. The Commission was satisfied that the agreement provided for a fair and efficient workplace and met the criteria for approval under the Fair Work Act. The Commission approved the Emerald Australia Country Enterprise Agreement 2025, subject to the conditions set out in the approval order.

The Commission made an order approving the Emerald Australia Country Enterprise Agreement 2025, subject to the conditions set out in the order. The agreement will now be registered on the Register of Approved Agreements and will be in effect from the date of registration. The agreement will apply to the employees covered by the relevant award and will provide for a fair and efficient workplace. The Commission's decision provides clarity for employers and employees, and ensures that the agreement meets the requirements of the Fair Work Act.

Louis Dreyfus Company Emerald Australia Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established