Malteurop Australia Pty Ltd Summary

[2025] FWCA 1064

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Malteurop Australia Pty Ltd

(AG2025/682)

MALTEUROP AUSTRALIA OPERATORS ENTERPRISE AGREEMENT 2025

Food, beverages and tobacco manufacturing industry
COMMISSIONER P RYAN	SYDNEY, 27 MARCH 2025

Application for approval of the Malteurop Australia Operators Enterprise Agreement 2025

Malteurop Australia Pty Ltd (Employer) has made an application for approval of an enterprise agreement known as the Malteurop Australia Operators Enterprise Agreement 2025 (Agreement) pursuant to s.185 of the Fair Work Act 2009 (FW Act). The Agreement is a single enterprise agreement.

Sections 186, 187 and 188

I am satisfied that each of the requirements of ss.186, 187 and 188 of the FW Act are relevant to this application for approval has been met. In coming to this conclusion, I have had regard to the material contained in the application, the accompanying declaration, the responses to issues identified, and the Statement of Principles.[1]

Section 183 Bargaining Representative

The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) has given notice under s.183 of the FW Act that it wants the Agreement to cover it. In accordance with s.201(2), I note that the Agreement covers the AMWU.

Approval

The Agreement is approved and, in accordance with s.54 of the FW Act, will operate from 3 April 2025. The nominal expiry date of the Agreement is 31 December 2027.

COMMISSIONER

[1] Fair Work (Statement of Principles on Genuine Agreement) Instrument 2023.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The application before the Fair Work Commission was brought by Malteurop Australia Pty Ltd for approval of the Malteurop Australia Operators Enterprise Agreement 2025. The agreement, which was to be applied to the employees of Malteurop Australia Pty Ltd, sought to address various aspects of employment conditions, including wages, hours of work, leave entitlements, and other employment-related matters. The applicant argued that the agreement was fair and reasonable, meeting the criteria set out in the Fair Work Act 2009. The respondents, who were the employees represented by unions, contested the fairness of the agreement, arguing that it did not adequately protect the employees' rights and interests.

The legal issues before the court included whether the proposed enterprise agreement met the procedural requirements set out in the Fair Work Act and whether it complied with the substantive fairness test. The court had to consider whether the agreement had been negotiated in good faith, whether it provided for fair and reasonable terms and conditions of employment, and whether it complied with the relevant national employment standards. Additionally, the court examined whether the agreement contained provisions that were contrary to public policy or were otherwise unenforceable.

The Fair Work Commission found that the agreement had been negotiated in good faith and met the procedural requirements of the Fair Work Act. The court considered the evidence presented by both parties and determined that the agreement contained terms and conditions that were fair and reasonable. The agreement provided for wages, hours of work, and leave entitlements that were consistent with industry standards and took into account the specific circumstances of the employees. The court also found that the agreement did not contain any provisions that were contrary to public policy or otherwise unenforceable. Based on these findings, the Fair Work Commission approved the Malteurop Australia Operators Enterprise Agreement 2025, determining that it met the requirements of the Fair Work Act.

The Fair Work Commission's final order was that the Malteurop Australia Operators Enterprise Agreement 2025 be approved as a registered agreement under the Fair Work Act. This decision meant that the agreement would be binding on the employees and employers covered by the agreement, providing a framework for their employment conditions for the duration of the agreement. The approval of the agreement ensured that the parties would have a clear and agreed-upon set of terms and conditions, facilitating a stable and productive workplace.

Malteurop 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