Obela Fresh Dips & Spreads Pty Ltd

[2025] FWCA 966

[2025] FWCA 966

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Obela Fresh Dips & Spreads Pty Ltd

(AG2025/525)

OBELA FRESH DIPS & SPREADS PTY LTD ENTERPRISE AGREEMENT 2024-2026

Food, beverages and tobacco manufacturing industry
COMMISSIONER TRAN	MELBOURNE, 20 MARCH 2025

Application for approval of the Obela Fresh Dips & Spreads Pty Ltd Enterprise Agreement 2024-2026

1. Obela Fresh Dips & Spreads Pty Ltd has applied for approval of an enterprise agreement known as the Obela Fresh Dips & Spreads Pty Ltd Enterprise Agreement 2024-2026 under s 185 of the Fair Work Act 2009.

1. The Agreement is a single enterprise.

1. I note that the pre-6 June 2023 reforms version of the Notice of Employee Representational Rights appears to have been provided I have previously detailed the differences between the pre-6 June 2023 and post-6 June 2023 Notice in Application by AJS Electrical Contracting Pty Ltd T/A AJS Electrical Contracting [2023] FWC 3343 at [34].

1. Further, the coverage in the Notice appears different to the coverage in the Agreement in the following ways:

·   In the Notice, coverage is employees employed in production, warehouse, quality and maintenance roles (other than salaried employees below managerial level).

·   In the Agreement, coverage is in Clause 4 as employees engaged below supervisor level in production and warehousing.

1. Based on explanations provided to me by the Employer and the minimal difference in the ultimate expression of coverage from how it was expressed in the Notice, I am satisfied that the above errors were minor technical errors, and I disregard them in accordance with s 188(5) of the Act as I am also satisfied that employees were not disadvantaged by the error.

1. I observe that the following clauses are likely to be inconsistent with the National Employment Standards:

   ·   Clause 8.1 – does not reference pregnancy as a circumstance for which an employee can request a flexible working arrangement.

   ·   Clause 38 – provides for compassionate leave but is silent in relation to miscarriage.

   ·   Clause 14 – does not provide for notice where there may be an abandonment of employment.

1. I note clause 5 of the Agreement, which gives precedence to the NES and am satisfied that the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

1. The Employer has provided written undertakings. 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.

1. Subject to the undertakings referred to above, I am satisfied that each requirement of ss186, 187 and 188 as are relevant to this application for approval have been met. The undertakings are taken to be a term of the Agreement.

1. The United Workers’ Union (UWU) lodged a Form F18 statutory declaration giving 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 the Agreement covers the UWU.

1. The Agreement is approved and, in accordance with s 54 of the Act, will operate from 27 March 2025.

1. In accordance with clause 2, the nominal expiry date of the Agreement is 1 August 2026.

COMMISSIONER

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APPENDIX A