McCormick Foods Australia Pty Ltd Trading AS McCormick Foods

[2025] FWCA 1373

[2025] FWCA 1373

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

McCormick Foods Australia Pty Ltd Trading AS McCormick Foods

(AG2025/896)

MCCORMICK FOODS AUSTRALIA MAINTENANCE AGREEMENT 2025

Food, beverages and tobacco manufacturing industry
COMMISSIONER FOX	MELBOURNE, 24 APRIL 2025

Application for approval of the McCormick Foods Australia Maintenance Agreement 2025.

1. An application has been made for approval of an enterprise agreement known as the McCormick Foods Australia Maintenance Agreement 2025 (the Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (Cth) (the Act). It has been made by McCormick Foods Australia Pty Ltd (the Employer). The Agreement is a single enterprise agreement.

1. The Employer has provided written undertakings. A copy of the undertakings is attached at 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. The undertakings are taken to be a term of the Agreement.

1. Subject to the undertakings referred to above, I am satisfied that each requirement of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met. For the purposes of the better off overall test, I have had regard to each of the matters in s.193A(2)-(7).

1. I observe that the following clause is likely to be inconsistent with the National Employment Standards (NES):

• Requests for flexible working arrangements: Clause 6.2 of the Agreement appears to limit requests for flexible working arrangements to parents and carers whereas s.65(1A) of the Act provides that employees may also request for flexible work arrangements due to other circumstances such as age, disability and family and domestic violence.

1. However, noting clause 5.2 of the Agreement, I am satisfied that the more beneficial entitlements of the NES in the Act will prevail where there is an inconsistency between the Agreement and the NES.

1. The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union and the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia being bargaining representatives for the Agreement support the approval of the Agreement and 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. The Agreement is approved, and in accordance with s.54 of the Act, will operate from 1 May 2025. The nominal expiry date of the Agreement is 31 December 2027.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

<AE528785  PR786423>

Annexure A