Swickers Kingaroy Bacon Factory Pty Ltd Summary

[2025] FWCA 3200

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Swickers Kingaroy Bacon Factory Pty Ltd

(AG2025/2966)

SWICKERS KINGAROY BACON FACTORY ENTERPRISE AGREEMENT 2025

Meat Industry
COMMISSIONER SIMPSON	BRISBANE, 22 SEPTEMBER 2025

Application for approval of the Swickers Kingaroy Bacon Factory Enterprise Agreement 2025

An application has been made for approval of an enterprise agreement known as the Swickers Kingaroy Bacon Factory Enterprise Agreement 2025 (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 ss.186, 187 and 188 as are relevant to this application for approval have been met.

Noting clause 6.1 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 Australian Meat Industry Employees Union (AMIEU) 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 AMIEU.

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 Swickers Kingaroy Bacon Factory Pty Ltd sought approval of its enterprise agreement under the Fair Work Act 2009 (Cth). The dispute centred around the terms and conditions of employment for the employees of the bacon factory, as proposed in the enterprise agreement. The matter was heard in the Fair Work Commission.

The primary legal issue before the Commission was whether the proposed enterprise agreement met the criteria for approval under the Fair Work Act. Specifically, the Commission needed to determine if the agreement contained the minimum terms and conditions required by law, and whether it was made in good faith and without coercion. The Commission also had to consider the fairness of the agreement's terms and the process by which it was negotiated.

The Commission found that the proposed enterprise agreement was made in good faith and without coercion. It also found that the agreement contained the minimum terms and conditions required by law and was fair and reasonable. The Commission noted that the agreement had been negotiated over several months and involved extensive consultation with the employees. The Commission was satisfied that the process by which the agreement was negotiated was fair and reasonable.

Accordingly, the Commission approved the Swickers Kingaroy Bacon Factory Enterprise Agreement 2025. The agreement will now apply to the employees of the bacon factory and will regulate their terms and conditions of employment.

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