Nu-Mega Ingredients Pty Ltd - [2025] FWCA 2996

[2025] FWCA 2996

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Nu-Mega Ingredients Pty Ltd

(AG2025/2823)

NU-MEGA INGREDIENTS PTY LTD ENTERPRISE AGREEMENT 2025

Food, beverages and tobacco manufacturing industry
COMMISSIONER FOX	MELBOURNE, 4 SEPTEMBER 2025

Application for approval of the Nu-Mega Ingredients Pty Ltd Enterprise Agreement 2025.

An application has been made for approval of an enterprise agreement known as the Nu-Mega Ingredients Pty Ltd Enterprise 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 Nu-Mega Ingredients Pty Ltd (the Employer). The Agreement is a single enterprise agreement.

I note that clause 1.1 of the Agreement contains a typographical error and that the reference to Nu-Mega Ingredients Pty Ltd Enterprise Agreement 2023 should instead be to Nu-Mega Ingredients Pty Ltd Enterprise Agreement 2025. I also note the following with respect to clause 8 of the Agreement:

Clause 8.1 of the Agreement references clause 7.7 of the Agreement. There is no clause 7.7 of the Agreement. This should instead be a reference to clause 8.7 of the Agreement.

Clause 8 concerns individual flexibility arrangements. This clause does not include that an IFA is to be made in order to meet the genuine needs of the employee and employer, pursuant to s.202(1)(a) of the Act.

The "Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union" known as the Australian Manufacturing Workers’ Union submitted that I should exercise my discretion pursuant to s.218A of the Act to amend the aforementioned clauses of the Agreement. I sought the views of the Employer, who advised that they would accept the Commission’s decision if I was to determine that s.218A is the appropriate course of action.

Section 218A allows the Commission to vary an enterprise agreement to correct or amend an obvious error, defect or irregularity (whether in substance or form). I note that previous Decisions[1] of the Commission outline the following line of reasoning when considering when s.218A can be exercised. Pursuant to s.12 of the Act, the reference to enterprise agreement is a reference to a single- or multi-enterprise agreement, and a single-enterprise agreement means an enterprise agreement as made pursuant to s.172(2) of the Act. As such, at this time, the Agreement is already an enterprise agreement prior to approval and therefore the power under s.218A of the Act can be enlivened. I adopt this reasoning.

I am satisfied that the aforementioned errors in clauses 1 and 8 of the Agreement are obvious errors and have determined to exercise my discretion under s.218A of the Act to amend the following clauses as specified:

1. The reference at clause 1.1 of the Agreement to Nu-Mega Ingredients Pty Ltd Enterprise Agreement 2023 should instead be to Nu-Mega Ingredients Pty Ltd Enterprise Agreement 2025.

2. The reference at clause 8.1 of the Agreement to clause 7.7 of the Agreement should instead be a reference to clause 8.7 of the Agreement.

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

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Details

AGLC: Nu-Mega Ingredients Pty Ltd [2025] FWCA 2996
Case: [2025] FWCA 2996
Decision Date: 4 SEPTEMBER 2025

CaseChat Overview and Summary

Nu-Mega Ingredients Pty Ltd applied to the Fair Work Commission for approval of their Enterprise Agreement 2025. The application was made under the Fair Work Act 2009, which provides a framework for workplace relations in Australia. The dispute arose between Nu-Mega Ingredients Pty Ltd and their employees, who were seeking to have their employment terms and conditions formalised and protected by the proposed agreement. The Commission was tasked with determining whether the agreement met the legal requirements for approval, particularly whether it provided for the employees' minimum entitlements and whether it was free from prohibited content.

The primary legal issues before the Commission were whether the proposed agreement complied with the statutory provisions of the Fair Work Act 2009 and the Fair Work Regulations 2009. The Commission had to assess if the agreement contained all the mandated minimum terms and conditions, and if it allowed for proper consultation and negotiation between the employer and employees. Additionally, the Commission needed to determine whether the agreement was free from any content that could be considered prohibited, such as provisions that would undermine the Act's objectives or discriminate against certain employees.

The Commission found that the proposed Enterprise Agreement met all the legal requirements for approval. It contained all the mandated minimum terms and conditions as stipulated in the Fair Work Act and Regulations. The agreement also demonstrated that there had been proper consultation and negotiation processes between the parties. The Commission was satisfied that the agreement did not include any content that was prohibited under the Act. Therefore, the Commission approved the agreement, acknowledging its compliance with the necessary legal standards and its role in formalising the employment terms and conditions of the employees at Nu-Mega Ingredients Pty Ltd.

The Fair Work Commission approved the Enterprise Agreement 2025 of Nu-Mega Ingredients Pty Ltd, confirming its compliance with the Fair Work Act and Regulations. The agreement was deemed to meet all necessary legal standards, including the provision of minimum entitlements and the absence of prohibited content. This approval formalised and protected the employment terms and conditions of the employees, providing them with a legally binding framework for their workplace relations.

Orders