Tek Foods (Australia) Pty Ltd

[2025] FWCA 3414

[2025] FWCA 3414

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

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

Tek Foods (Australia) Pty Ltd

(AG2025/3290)

TEK FOODS AND UNITED WORKERS UNION ENTERPRISE AGREEMENT 2025

Meat Industry
COMMISSIONER TRAN	MELBOURNE, 10 OCTOBER 2025

Application for approval of the Tek Foods and United Workers Union Enterprise Agreement 2025

1. Tek Foods (Australia) Pty Ltd (ABN: 71 502 681 575) has applied for approval of an enterprise agreement known as the Tek Foods and United Workers Union Enterprise Agreement 2025 under s 185 of the Fair Work Act 2009 (Cth).

1. The Agreement is a single enterprise agreement.

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

   ·   Clause 33.1 – Public holiday substitution

   ·   Clause 25 – Family and domestic violence leave

1. Clause 6.1 of the Agreement gives precedence to the NES, and I am satisfied that the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

1. The Employer has provided written undertakings. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

1. Subject to the undertakings referred to above, I am satisfied that each requirement of ss186, 187 and 188 as are relevant to this application for approval have been met. The undertakings are taken to be a term of the Agreement.

1. The Agreement does not contain a flexibility term that meets the requirements of the Act. Employees were asked to vote to approve the agreement after 26 February 2025. Thus, pursuant to s.202(4) and Clause 107 of Schedule 1 of the Act, the model flexibility term as prescribed by the Fair Work (Model Terms) Determination 2025 is taken to be a term of the Agreement.

1. The United Workers’ Union (UWU) 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 UWU.

1. The Agreement is approved and, in accordance with s 54 of the Act, will operate from 17 October 2025.

1. In accordance with clause 4, the nominal expiry date of the Agreement is 29 August 2028.

COMMISSIONER

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ANNEXURE A