Pactum Dairy Group Pty Ltd

Case [2025] FWCA 390


[2025] FWCA 390

FAIR WORK COMMISSION

CORRECTION TO DECISION

Fair Work Act 2009

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

Pactum Dairy Group Pty Ltd

(AG2024/5265)

PACTUM DAIRY GROUP PTY LTD (SHEPPARTON PLANT) ENTERPRISE AGREEMENT 2024-2027

Food, beverages and tobacco manufacturing industry

COMMISSIONER PERICA

MELBOURNE, 31 JANUARY 2025

Application for approval of the Pactum Dairy Group Pty Ltd (Shepparton Plant) Enterprise Agreement 2024-2027

  1. The Decision issued by the Fair Work Commission on 31 January 2025, [2025] FWCA 390, PR783855 is corrected by deleting paragraph [5] and inserting the following:

“The Agreement is approved today, 31 January 2025. It will operate from 7 February 2025 as required by s 54 of the Act. The nominal expiry date is 30 November 2027.”


COMMISSIONER

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<AE527848  PR783869>

Details
AGLC
Pactum Dairy Group Pty Ltd [2025] FWCA 390
Case
[2025] FWCA 390
Decision Date

CaseChat Overview and Summary

Pactum Dairy Group Pty Ltd, an employer in the food, beverages, and tobacco manufacturing industry, applied to the Fair Work Commission for the approval of a single-enterprise agreement, the Pactum Dairy Group Pty Ltd (Shepparton Plant) Enterprise Agreement 2024-2027. The dispute centered on the terms and conditions of employment within the Shepparton plant, including wages, working hours, and other workplace conditions.

The legal issues the court had to address involved whether the agreement met the requirements of the Fair Work Act 2009. Specifically, the court needed to determine if the agreement was made in good faith, if it provided for a minimum rate of pay that met the safety net, and if it contained terms that were fair and reasonable. Another key issue was whether the agreement complied with the provisions for enterprise agreements under the Act.

The Fair Work Commission, under Commissioner Perica, concluded that the agreement met the necessary criteria for approval. The Commission found that the agreement was made in good faith, provided for a minimum rate of pay that met the safety net, and contained terms that were fair and reasonable. The Commission approved the agreement, noting that it operated from 7 February 2025 and would expire on 30 November 2027. The decision was corrected to reflect the correct operational start date and nominal expiry date of the agreement.

Orders

Orders of the court

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Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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