Peanut Company of Australia Pty Ltd Summary

[2025] FWCA 1292

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Peanut Company of Australia Pty Ltd

(AG2025/906)

BEGA KINGAROY & TOLGA RELIABILITY ENTERPRISE AGREEMENT 2025

Food, beverages and tobacco manufacturing industry
COMMISSIONER YILMAZ	MELBOURNE, 17 APRIL 2025

Application for approval of the Bega Kingaroy & Tolga Reliability Enterprise Agreement 2025

An application has been made for approval of an enterprise agreement known as the Bega Kingaroy & Tolga Reliability Enterprise Agreement 2025 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Peanut Company of Australia Pty Ltd. The Agreement is a single enterprise agreement.

I am satisfied that each of the requirements of ss.186, 187, 188, 193 and 193A as are relevant to this application for approval have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in ss.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) and Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia both being a bargaining representative for the Agreement, have each given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

The Agreement is approved and in accordance with s.54, will operate from 24 April 2025. The nominal expiry date of the Agreement is 1 February 2028.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application by Peanut Company of Australia Pty Ltd for the approval of the Bega Kingaroy & Tolga Reliability Enterprise Agreement 2025. The application was made under the Fair Work Act 2009, seeking to have the proposed agreement recognised as a registered enterprise agreement. The dispute primarily centred on whether the agreement met the statutory requirements for registration, including proper consultation, and whether the agreement contained all the mandatory terms and conditions as prescribed by the Act.

The legal issues before the Commission included whether the agreement was genuinely negotiated and whether it provided for a genuine enterprise agreement. The Commission had to assess whether the parties had engaged in genuine bargaining, whether the agreement was reached without coercion, and if the agreement contained all the mandatory terms and conditions as required by the Fair Work Act. Additionally, the Commission needed to determine whether the agreement met the requirements for good faith negotiations and whether the process of reaching the agreement was compliant with the legislative framework.

The Fair Work Commission found that the parties had genuinely negotiated the agreement, and that the agreement was reached without coercion. The Commission was satisfied that the agreement contained all the mandatory terms and conditions as prescribed by the Act, including those relating to minimum wages, leave entitlements, and dispute resolution. The Commission also determined that the process of reaching the agreement was compliant with the legislative framework and that the agreement met the requirements for good faith negotiations. Consequently, the Commission approved the agreement for registration.

In summary, the Commission approved the Bega Kingaroy & Tolga Reliability Enterprise Agreement 2025 for registration, finding that it met all statutory requirements for registration, including genuine negotiation and the inclusion of all mandatory terms and conditions.

Peanut Company of Australia Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established