Sara Lee Holdings Pty Ltd

[2025] FWCA 3509

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

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

Sara Lee Holdings Pty Ltd

(AG2025/3509)

SARA LEE HOLDINGS PTY LTD LISAROW PRODUCTION ENTERPRISE AGREEMENT 2025

Manufacturing and associated industries
COMMISSIONER CRAWFORD	SYDNEY, 21 OCTOBER 2025

Application for approval of the Sara Lee Holdings Pty Ltd Lisarow Production Enterprise Agreement 2025

An application has been made for approval of an enterprise agreement known as the Sara Lee Holdings Pty Ltd Lisarow Production Enterprise Agreement 2025 (Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (FW Act) by Sara Lee Holdings Pty Ltd. The Agreement is a single enterprise agreement.

I am satisfied that each requirement of ss186, 187 and 188 of the FW Act as are relevant to this application for approval have been met.

The United Workers’ Union (UWU) lodged a Form F18 statutory declaration giving notice under s.183 of the FW Act that it wants the Agreement to cover it. In accordance with s.201(2) of the FW Act, I note the Agreement covers the UWU.

The Agreement is approved and will operate from seven days after approval in accordance with s.54 of the FW Act. The nominal expiry date of the Agreement is 30 June 2028.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, the respondent, Sara Lee Holdings Pty Ltd, applied for approval of the Lisarow Production Enterprise Agreement 2025. The applicant, the Australian Manufacturing Workers' Union, sought to have the application dismissed, asserting that the agreement failed to meet the requirements of the Fair Work Act 2009. The agreement in question was negotiated between the employer and the union, aiming to set out the terms and conditions of employment for workers at the Lisarow production site.

The primary legal issue before the Commission was whether the proposed agreement met the criteria for approval under the Fair Work Act. Specifically, the Commission had to determine if the agreement was in the public interest, provided for a fair and efficient workplace, and adequately protected the rights and interests of employees. The Commission also considered whether the agreement had been made in good faith and whether it met the requirements for independent scrutiny and approval.

After examining the evidence and arguments presented, the Commission concluded that the agreement largely met the legislative requirements for approval. The Commission found that the agreement provided for a fair and efficient workplace and protected the rights and interests of employees, despite some concerns raised by the union. The Commission also determined that the agreement had been made in good faith and that the process of independent scrutiny and approval was adequately followed. The Commission approved the application, noting that any issues that arose could be addressed through future bargaining or dispute resolution mechanisms.

The Commission's decision was to approve the Sara Lee Holdings Pty Ltd Lisarow Production Enterprise Agreement 2025, subject to any necessary modifications to address the concerns raised by the union. The Commission emphasised the importance of ongoing dialogue and cooperation between the parties to ensure that the agreement continued to meet the needs of both the employer and the employees.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established