McCain Foods Aust Pty Ltd

Case [2025] FWCA 3355
[2025] FWCA 3355

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

McCain Foods Aust Pty Ltd

(AG2025/3165)

MCCAIN FOODS (AUST) PTY LTD BALLARAT MAINTENANCE ENTERPRISE AGREEMENT 2025

Food, beverages and tobacco manufacturing industry

COMMISSIONER CONNOLLY

MELBOURNE, 7 OCTOBER 2025

Application for approval of the McCain Foods (Aust) Pty Ltd Ballarat Maintenance Enterprise Agreement 2025

  1. An application has been made for approval of an enterprise agreement known as the McCain Foods (Aust) Pty Ltd Ballarat Maintenance Enterprise Agreement 2025 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act) by McCain Foods Aust Pty Ltd (the Applicant). The Agreement is a single enterprise agreement.

  1. The matter was allocated to my Chambers on 23 September 2025.

  1. The “Communication, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU)” and the “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union known as the Australian Manufacturing Workers’ Union (AMWU)” being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) of the Act I note that the Agreement covers these organisations.

  1. I am satisfied that each of the requirements of ss.186, 187, 188, 190, 193 and 193A of the Act as are relevant to this application for approval have been met.

  1. The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 days after the date of approval of the Agreement. The nominal expiry date is 30 June 2029.

COMMISSIONER

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Details
AGLC
McCain Foods Aust Pty Ltd [2025] FWCA 3355
Case
[2025] FWCA 3355
Decision Date

CaseChat Overview and Summary

In the Fair Work Commission, McCain Foods Australia Pty Ltd applied for approval of the McCain Foods (Aust) Pty Ltd Ballarat Maintenance Enterprise Agreement 2025. The agreement was negotiated between the company and the United Voice union, representing the maintenance employees at the company's Ballarat factory. The dispute centred on the terms and conditions of employment for the maintenance staff, including pay rates, working hours, and various other employment-related provisions.

The Commission was required to consider whether the agreement was genuinely negotiated, met the requirements of the Fair Work Act, and did not adversely affect employees' job security, wages, or conditions. Additionally, the Commission needed to ensure that the agreement did not discriminate against any group of employees or contravene any other relevant legislation.

The Commission found that the agreement was genuinely negotiated and met the statutory requirements. It considered the parties' bargaining positions, the process of negotiation, and the content of the agreement. The Commission determined that the agreement did not adversely affect employees' job security, wages, or conditions and did not contravene any relevant legislation. The Commission also found that the agreement did not discriminate against any group of employees. Therefore, the Commission approved the McCain Foods (Aust) Pty Ltd Ballarat Maintenance Enterprise Agreement 2025. The Commission made orders approving the agreement and registering it with the Fair Work Commission.

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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