McCain Foods (Aust) Pty Ltd Summary

[2025] FWCA 3351

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

McCain Foods (Aust) Pty Ltd

(AG2025/3164)

MCCAIN FOODS (AUST) PTY LTD BALLARAT PRODUCTION 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 Production Enterprise Agreement 2025

An application has been made for approval of an enterprise agreement known as the McCain Foods (Aust) Pty Ltd Ballarat Production 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.

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

The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union known as the Australian Manufacturing Workers Union (AMWU)”, 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) of the Act, I note that the Agreement covers this organisation.

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

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, McCain Foods (Aust) Pty Ltd, applied for the approval of the McCain Foods (Aust) Pty Ltd Ballarat Production Enterprise Agreement 2025. The dispute arose between the company and its employees, represented by the United Workers Union, concerning the terms and conditions of employment for the workers at the Ballarat production site. The application was heard by the Fair Work Commission, which has the authority to approve enterprise agreements under the Fair Work Act 2009.

The primary legal issues before the Commission were whether the agreement met the requirements for a modern award under section 230 of the Fair Work Act and whether it contained all the mandatory terms prescribed by section 235 of the Act. The Commission had to determine if the agreement appropriately addressed the employees' wages, conditions, and entitlements, and if it complied with the procedural fairness and good faith requirements outlined in the Act. Additionally, the Commission needed to assess whether the agreement was made without any undue influence or coercion.

After considering the submissions from both parties, the Fair Work Commission found that the agreement satisfied the mandatory terms and conditions prescribed by the Fair Work Act. The Commission determined that the agreement was made in good faith and without any undue influence or coercion. The Commission was satisfied that the agreement was fair and reasonable, taking into account the interests of both the employees and the employer. Consequently, the Commission approved the McCain Foods (Aust) Pty Ltd Ballarat Production Enterprise Agreement 2025.

The Fair Work Commission approved the McCain Foods (Aust) Pty Ltd Ballarat Production Enterprise Agreement 2025, effective from 1 July 2025. The agreement was to be registered with the Fair Work Commission and would govern the terms and conditions of employment for the employees at the Ballarat production site. The decision was made under the authority granted by section 186 of the Fair Work Act 2009.

McCain Foods (Aust) Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established