The Trustee For Tomato Exchange Unit Trust Trading AS Tomato Exchange Pty Ltd Summary

[2025] FWCA 3451

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

The Trustee For Tomato Exchange Unit Trust Trading AS Tomato Exchange Pty Ltd

(AG2025/3133)

COSTA TOMATO CATEGORY ENTERPRISE AGREEMENT 2025

Agricultural industry
DEPUTY PRESIDENT CROSS	SYDNEY, 15 OCTOBER 2025

Application for approval of the Costa Tomato Category Enterprise Agreement 2025

An application has been made for approval of an enterprise agreement known as the Costa Tomato Category 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 The Trustee For Tomato Exchange Unit Trust Trading AS Tomato Exchange Pty Ltd. The Agreement is a single enterprise agreement.

The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. 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. The undertakings are taken to be a term of the Agreement.

Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

The Australian Workers’ Union and the United Workers’ Union being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers the organisations.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 22 October 2025. The nominal expiry date of the Agreement is 30 June 2028.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application by the employer, represented by the Trustee for Tomato Exchange Unit Trust Trading as Tomato Exchange Pty Ltd, for the approval of the Costa Tomato Category Enterprise Agreement 2025. The dispute centred on the terms and conditions outlined in the proposed agreement, which was to govern the employment relationship between the employer and its employees in the Costa Tomato category. The Commission had to determine whether the agreement met the necessary criteria for approval under the Fair Work Act 2009.

The primary legal issue before the Commission was whether the Costa Tomato Category Enterprise Agreement 2025 complied with the provisions of the Fair Work Act. This involved assessing if the agreement had been made in good faith and if it contained minimum terms as required by the Act, as well as ensuring that it did not unfairly disadvantage any employees. The Commission also had to consider if the agreement had been made with adequate consultation and whether it was procedurally sound in terms of its development and negotiation process.

The Commission found that the Costa Tomato Category Enterprise Agreement 2025 was made in good faith and contained all the minimum terms required by the Fair Work Act. It was determined that the agreement was the result of genuine negotiations between the parties, and that there was adequate consultation throughout the process. The Commission also confirmed that the agreement did not unfairly disadvantage any employees and was procedurally sound. Consequently, the application for approval was granted, and the agreement was approved as a registered enterprise agreement.

The Trustee For Tomato Exchange Unit Trust Trading AS Tomato Exchange Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established