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

[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

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.

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.

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.

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.

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

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved an application by Nature’s Dairy Australia Pty Ltd, trading as Purearth Foods, and the United Workers Union for the approval of a new enterprise agreement. The application was heard in the Fair Work Commission, which is responsible for regulating and approving such agreements under the Fair Work Act 2009. The dispute centred on the terms and conditions of employment for employees covered by the agreement, including matters such as wages, hours of work, and other employment-related issues.

The legal issues before the Commission included whether the proposed agreement met the requirements of the Fair Work Act, particularly in relation to the 'better off overall test' and the 'no disbenefit test'. The Commission needed to determine if the agreement would provide employees with better terms and conditions than they had under their existing awards or agreements, without causing any adverse financial or other detriment. Additionally, the Commission examined whether the agreement complied with other statutory requirements, including provisions for fair and genuine negotiations.

The Fair Work Commission found that the proposed agreement met the necessary statutory requirements. The Commission was satisfied that the agreement provided employees with improved terms and conditions, including wage increases and enhanced leave entitlements, and that it did not result in any financial or other disbenefits. The Commission also determined that the agreement had been negotiated in good faith and that it complied with all relevant provisions of the Fair Work Act. Based on these findings, the Commission approved the application for the agreement's registration.

The Fair Work Commission approved the Nature’s Dairy Australia Pty Ltd Trading as Purearth Foods & United Workers Union Agreement 2024, effective from the date of the decision. The agreement is now registered and legally binding on both parties, governing the employment terms and conditions for the specified period.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established