Swickers Kingaroy Bacon Factory Pty Ltd Summary

[2025] FWCA 992

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

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

Swickers Kingaroy Bacon Factory Pty Ltd

(AG2025/522)

SWICKERS KINGAROY BACON FACTORY MAINTENANCE EMPLOYEE ENTERPRISE AGREEMENT 2024

Food, beverages and tobacco manufacturing industry
COMMISSIONER DURHAM	BRISBANE, 21 MARCH 2025

Application for approval of the Swickers Kingaroy Bacon Factory Maintenance Employee Enterprise Agreement 2024

An application has been made for approval of an enterprise agreement known as the Swickers Kingaroy Bacon Factory Maintenance Employee Enterprise Agreement 2024 (the Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Swickers Kingaroy Bacon Factory Pty Ltd (the Applicant). The Agreement is a single enterprise agreement.

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

Noting clause 4.2 of the Agreement, I am satisfied that the more beneficial entitlements of the NES in the Act will prevail where there is an inconsistency between the Agreement and the NES.

The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) lodged a Form F18 statutory declaration giving notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) of the Act, I note the Agreement covers the AMWU.

The Agreement is approved and will operate in accordance with s.54 of the Act.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, Swickers Kingaroy Bacon Factory, sought approval for the Swickers Kingaroy Bacon Factory Maintenance Employee Enterprise Agreement 2024 from the Fair Work Commission. The dispute involved the terms and conditions of employment for maintenance employees at the factory. The Commission was required to determine whether the proposed agreement met the statutory requirements under the Fair Work Act 2009.

The primary legal issue before the Commission was whether the enterprise agreement complied with the provisions of the Fair Work Act. Specifically, the Commission had to examine if the agreement contained all the mandatory terms as stipulated by the Act and if it was free from any unlawful content. Additionally, the Commission needed to assess whether the agreement was made in good faith and if it provided for a proper process for resolving disputes.

In its decision, the Commission found that the proposed enterprise agreement satisfied the requirements of the Fair Work Act. The agreement included all the mandatory terms, was free from unlawful content, and was made in good faith. The Commission also noted that the agreement provided for a proper process for resolving disputes. Consequently, the Commission approved the Swickers Kingaroy Bacon Factory Maintenance Employee Enterprise Agreement 2024.

The Fair Work Commission approved the Swickers Kingaroy Bacon Factory Maintenance Employee Enterprise Agreement 2024. The agreement was deemed to comply with the Fair Work Act and was considered to be fair and reasonable in all aspects.

Swickers Kingaroy Bacon Factory Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established