Sensient Technologies Australia Pty Ltd

[2025] FWCA 3525

[2025] FWCA 3525

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

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

Sensient Technologies Australia Pty Ltd

(AG2025/3361)

SENSIENT TECHNOLOGIES AUSTRALIA PTY LTD ENTERPRISE AGREEMENT 2025

Food, beverages and tobacco manufacturing industry
COMMISSIONER PERICA	MELBOURNE, 22 OCTOBER 2025

Application for approval of the Sensient Technologies Australia Pty Ltd Enterprise Agreement 2025

1. An application has been made by Sensient Technologies Australia Pty Ltd (Sensient) for approval of an enterprise agreement known as the Sensient Technologies Australia Pty Ltd Enterprise Agreement 2025 (the Agreement). The application is made under section 185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

1. The version of the Agreement voted up by employees contains, on its last page, signed undertakings as follows:

   “• The terms of the National Employment Standards will prevail over the terms of the Agreement to the extent of any inconsistency.

   ·   Overtime penalties will be payable for any ordinary hours worked in excess of 38 per week.”

1. However, these matters are also addressed within the body of the Agreement as follows:

   ·   Clause 7.3: “The NES apply to employees by this Agreement, as a minimum standard. For the sake of clarity, this means that where there is an inconsistency between the Agreement and the NES, the more beneficial entitlement will prevail.”

   ·   Clause 26.1.5: “Overtime penalties will be payable for any ordinary hours worked in excess of 38 per week.”

1. Sensient has informed the Commission that the inclusion of the undertakings was “inadvertent” and caused by relying “on a copy of the previously approved agreement downloaded from the Fair Work Commission’s website”. They submit this “will not alter the substance of the Agreement as the undertakings have already been appropriately incorporated into its main body”. They have therefore applied under s 218A(2)(b)(i) for the Commission to exercise its power under s 218A(1) to “vary an enterprise agreement to correct or amend an obvious error, defect or irregularity (whether in substance or form)” to remove the undertaking at the end of the document.

1. The United Workers’ Union (UWU), a bargaining representative for the Agreement, has communicated to the Commission it “supports the submissions” and consents to the s 218A application.

1. Given the explanation and submissions provided and that the undertakings are essentially identical to the corresponding clauses in the Agreement, I am satisfied the inclusion of the final page of the Agreement containing undertakings is an obvious error and accordingly amend the Agreement to remove the final page. The variation pursuant to s 218A will operate from 29 October 2025.

1. I note that the following provisions are likely to be inconsistent with the National Employment Standards:

   ·   Clauses 16.1.5, 16.6 – Termination of employment

   ·   Clause 30.2.2.1– Personal/Carer’s leave

   ·   Clause 31 – Compassionate leave

1. However, noting clause 7.3 of the Agreement, I am satisfied the more beneficial entitlements of the National Employment Standards will prevail where there is an inconsistency with the Agreement. 

1. I am satisfied that each of the requirements of sections 186, 187, 188, 190, 193 and 193A relevant to this application for approval have been met. The Agreement does not cover all the employees of the employer, however, taking into account the factors in sections 186(3) and (3A), I am satisfied that the group of employees was fairly chosen.

1. The UWU being a bargaining representative for the Agreement has given notice under section 183 of the Act that it wants the Agreement to cover it. I therefore note the Agreement covers the organisation under section 201(2) of the Act.

1. The Agreement is approved today 22 October 2025. It will operate from 29 October 2025 as required by section 54 of the Act. The nominal expiry date is 31 March 2028.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

<AE530841  PR792884>