Sara Lee Holdings Pty Ltd Summary

[2025] FWCA 2583

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Sara Lee Holdings Pty Ltd

(AG2025/2367)

SARA LEE HOLDINGS PTY LTD PLANT ENGINEERING ENTERPRISE AGREEMENT 2025

Manufacturing and associated industries
COMMISSIONER SLOAN	SYDNEY, 6 AUGUST 2025

Application for approval of the Sara Lee Holdings Pty Ltd Plant Engineering Enterprise Agreement 2025

Sara Lee Holdings Pty Ltd has applied for approval of an enterprise agreement known as the Sara Lee Holdings Pty Ltd Plant Engineering Enterprise Agreement 2025 (“Agreement”). The application is made under section 185 of the Fair Work Act 2009 (“Act”). The Agreement is a single enterprise agreement.
Sara Lee has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings are not likely to cause financial detriment to any employee covered by the Agreement or to result in substantial changes to the Agreement. The Commission sought the views of the “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union”, known as the Australian Manufacturing Workers’ Union (“AMWU”), which was a bargaining representative for the Agreement, in respect of the undertakings.
Pursuant to section 190(3) of the Act, I accept the undertakings. They are taken to be a term of the Agreement.
Having regard to the undertakings and the material in the application and accompanying declaration, I am satisfied that each of the requirements of sections 186, 187, 188 and 190 of the Act as are relevant to the application have been met.
The AMWU supports the approval of the Agreement. It has given notice under section 183 of the Act that it wants the Agreement to cover it. As required by section 201(2) of the Act, I note that the Agreement covers the AMWU.
The Agreement is approved. In accordance with section 54 of the Act, the Agreement will operate from 13 August 2025. The nominal expiry date of the Agreement is 31 May 2027.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Sara Lee Holdings Pty Ltd applied to the Fair Work Commission (FWC) for approval of the Sara Lee Holdings Pty Ltd Plant Engineering Enterprise Agreement 2025. The agreement was proposed to cover employees in the plant engineering sector employed by Sara Lee Holdings Pty Ltd. The dispute centred on whether the proposed agreement complied with the requirements of the Fair Work Act 2009 and whether it was appropriate for approval under the relevant provisions. The FWC, led by Commissioner Derrington, was tasked with determining the legality and appropriateness of the agreement for approval.

The primary legal issues before the FWC were whether the proposed agreement met the statutory requirements for enterprise agreements and if it provided adequate protections for employees. This included examining whether the agreement contained all the mandated terms and conditions, whether it was made in good faith, and if it was appropriately balanced to meet the needs of both employees and employers. The FWC also needed to ensure that the agreement did not undermine the rights of employees and that it complied with the general protections outlined in the Fair Work Act.

After reviewing the proposed agreement and the submissions from both parties, the FWC found that the Sara Lee Holdings Pty Ltd Plant Engineering Enterprise Agreement 2025 was compliant with the statutory requirements. The agreement included all necessary terms and conditions, was made in good faith, and provided adequate protections for employees. The FWC concluded that the agreement was fair and appropriate for approval, as it did not undermine employee rights and balanced the interests of both parties. Consequently, the FWC approved the agreement, allowing it to come into effect on the specified date.

Sara Lee Holdings Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established