Tek Foods (Australia) Pty Ltd

[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

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).

The Agreement is a single enterprise agreement.

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

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.

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.

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.

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.

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.

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

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

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application for the approval of an enterprise agreement between Tek Foods (Australia) Pty Ltd and the United Workers Union. Tek Foods, an employer in the food manufacturing industry, sought to have the proposed agreement approved as a legally binding enterprise agreement. The United Workers Union, representing the employees, also participated in the proceedings. The primary dispute centred on whether the proposed agreement complied with the statutory requirements set out in the Fair Work Act 2009.

The central legal issues before the Commission were whether the agreement contained all the prescribed terms and conditions, and whether the agreement was made in good faith and without coercion. Additionally, the Commission had to consider whether the agreement provided for a fair and reasonable process for resolving any disputes that might arise during the term of the agreement. The Commission had to examine the bargaining process to ensure that it adhered to the requirements of genuine conciliation and good faith bargaining as outlined in the Act.

The Fair Work Commission, after considering the submissions from both parties, found that the proposed agreement complied with the statutory requirements. The Commission was satisfied that all prescribed terms and conditions were included in the agreement, and that the agreement was made in good faith. The Commission also found that the agreement provided for a fair and reasonable process for resolving disputes. The Commission concluded that the bargaining process was conducted in accordance with the principles of genuine conciliation and good faith bargaining. As a result, the Commission approved the Tek Foods and United Workers Union Enterprise Agreement 2025.

The Commission's decision was based on a detailed examination of the agreement and the bargaining process. The Commission found that the agreement was comprehensive and included all the prescribed terms and conditions. The Commission also found that the bargaining process was conducted in a manner that complied with the principles of good faith bargaining and genuine conciliation. The Commission was satisfied that the agreement was fair and reasonable, and that it provided for an effective process for resolving disputes. The Commission approved the agreement on the basis that it met the requirements of the Fair Work Act 2009.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established