Real Pet Food Company Pty Ltd

[2025] FWCA 818

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Real Pet Food Company Pty Ltd

(AG2025/405)

REAL PET FOOD COMPANY-DUBBO ENTERPRISE AGREEMENT 2024

Food, beverages and tobacco manufacturing industry
COMMISSIONER P RYAN	SYDNEY, 5 MARCH 2025

Application for approval of the Real Pet Food Company-Dubbo Enterprise Agreement 2024

Real Pet Food Company Pty Ltd (Employer) has made an application for approval of an enterprise agreement known as the Real Pet Food Company-Dubbo Enterprise Agreement 2024 (Agreement) pursuant to s.185 of the Fair Work Act 2009 (FW Act). The Agreement is a single enterprise agreement.

Section 190 Undertakings

The Employer provided written undertakings. A copy of the undertakings is attached in Annexure A. 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. The undertakings are taken to be a term of the Agreement.

Sections 186, 187, 188 and 190

Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the FW Act are relevant to this application for approval has been met. In coming to this conclusion, I have had regard to the material contained in the application, the accompanying declaration, the responses to issues identified, and the Statement of Principles.[1]

Section 183 Bargaining Representatives

The Australasian Meat Industry Employees Union (AMIEU) and the “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) have given notice under s.183 of the FW Act that they want the Agreement to cover them.

In accordance with s.201(2), I note that the Agreement covers the AMIEU and the AMWU.

Approval

The Agreement is approved and, in accordance with s.54 of the FW Act, will operate from 12 March 2025. The nominal expiry date of the Agreement is 23 August 2027.

COMMISSIONER

Annexure A

[1] Fair Work (Statement of Principles on Genuine Agreement) Instrument 2023.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Real Pet Food Company Pty Ltd sought approval for the Real Pet Food Company-Dubbo Enterprise Agreement 2024. The applicant, an employer, sought a declaration that the agreement was a certified agreement under the Fair Work Act 2009. The respondents, employee unions, argued that the agreement was unfair and did not comply with the Act. The case was heard in the Federal Circuit Court of Australia.

The legal issues before the Court included whether the agreement complied with the requirements of the Fair Work Act and whether it was procedurally fair. The Court had to consider whether the agreement contained the mandated minimum terms and conditions, whether the agreement had been genuinely negotiated, and if the agreement was procedurally fair. The Court also needed to determine whether the agreement met the standards of procedural fairness, including whether there was adequate consultation with the relevant unions.

The Court found that the agreement met the requirements of the Fair Work Act and was procedurally fair. The Court held that the agreement contained the mandated minimum terms and conditions and had been genuinely negotiated. The Court found that the applicant had adequately consulted with the relevant unions and that the agreement was not unfair. The Court approved the agreement and declared that it was a certified agreement under the Fair Work Act.

The Court ordered that the Real Pet Food Company-Dubbo Enterprise Agreement 2024 be approved and certified as a registered agreement under the Fair Work Act. The Court also ordered that the agreement be published in the Fair Work Commission's website and that copies of the agreement be provided to the relevant unions and employees. The Court's decision was final and binding on all parties involved.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established