Thomas Foods International Australia Pty Ltd T/A Thomas Foods International Australia
[2025] FWCA 866
•10 MARCH 2025
| [2025] FWCA 866 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Thomas Foods International Australia Pty Ltd T/A Thomas Foods International Australia
(AG2025/560)
THOMAS FOODS DARWIN ENTERPRISE AGREEMENT 2025
| Meat Industry | |
| COMMISSIONER HUNT | BRISBANE, 10 MARCH 2025 |
Application for approval of the Thomas Foods Darwin Enterprise Agreement 2025
Thomas Foods International Australia Pty Ltd T/A Thomas Foods International Australia (the Employer) has applied for approval of an enterprise agreement known as the Thomas Foods Darwin Enterprise Agreement 2025 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.
The Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 (Cth) made a number of changes to enterprise agreement approval processes in Part 2-4 of the Act, commencing operation on 6 June 2023. The notification time for the Agreement under s.173(2) was 24 October 2024 and the Agreement was made on 21 February 2025. Accordingly, the genuine agreement requirements and the better off overall test requirements are those applying on and from 6 June 2023.
The Agreement refers to the workplace delegates’ term prescribed by the Meat Industry Award 2020 (the Award), and states that the Award term is a term of the Agreement. Pursuant to s.205(A)(2) of the Act, the workplace delegates’ rights term prescribed by the Award is attached to the Agreement and taken to be a term of it.
I have taken into consideration the material filed in the Commission. 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 Agreement does not cover all of the employees of the employer, however, taking into account s.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.
The Agreement is approved and, in accordance with s.54 of the Act, will operate from 17 March 2025. The nominal expiry date of the Agreement is 10 March 2029.
COMMISSIONER
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