Nature's Dairy Australia Pty Ltd Trading as Purearth Foods Pty Ltd

[2025] FWCA 1572

[2025] FWCA 1572

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Nature’s Dairy Australia Pty Ltd Trading as Purearth Foods Pty Ltd

(AG2025/1032)

NATURE’S DAIRY AUSTRALIA PTY LTD TRADING AS PUREARTH FOODS PTY LTD AND UNITED WORKERS UNION ENTERPRISE AGREEMENT 2024

Manufacturing and associated industries
COMMISSIONER MIRABELLA	MELBOURNE, 14 MAY 2025

Application for approval of the Nature’s Dairy Australia Pty Ltd Trading as Purearth Foods & United Workers Union Agreement 2024

1. Nature’s Dairy Australia Pty Ltd Trading as Purearth Foods Pty Ltd (the Employer) has made an application for approval of an enterprise agreement known as the Nature’s Dairy Australia Pty Ltd trading as Purearth Foods & United Workers Union Agreement 2024 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (Cth) (the FW Act). The Agreement is a single enterprise agreement.

1. The Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 (Cth) made a number of changes to enterprise agreement approval processes in Part 2–4 of the FW Act, that commenced operation on 6 June 2023. The notification time for the Agreement was 27 August 2024 and the Agreement was made on 9 April 2025. Accordingly, both the genuine agreement and the better off overall test requirements are those applying on and from 6 June 2023.

1. On the basis of the material contained in the application, I am satisfied that each of the requirements of sections 186, 187 and 188, and 190 as are relevant to this application for approval, has been met. 

1. The United Workers’ Union (UWU) being a bargaining representative for the Agreement, has given notice under s.183 of the FW Act that it wants the Agreement to cover it. In accordance with s.201(2) (and based on the declaration provided by the organisation), I note that the Agreement covers the organisation.

1. The Agreement is approved on 14 May 2025 and, in accordance with s.54 of the FW Act, will operate from 21 May 2025. The nominal expiry date of the Agreement is 1 August 2027.

COMMISSIONER

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