Thomas Foods International Australia Pty Ltd T/A Thomas Foods International Australia Summary

[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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CaseChat Overview and Summary

In the recent decision of Thomas Foods International Australia Pty Ltd T/A Thomas Foods International Australia, the Fair Work Commission was tasked with determining the approval of the Thomas Foods Darwin Enterprise Agreement 2025. The agreement was the subject of an application by Thomas Foods, an employer, which sought to implement the terms and conditions of employment as outlined in the proposed agreement. The Fair Work Commission's role was to assess whether the agreement met the necessary criteria under the Fair Work Act 2009, including whether it was made in good faith, whether it provided for a fair and efficient workplace, and whether it was fair and reasonable in all its terms.

The legal issues central to the decision included whether the proposed agreement adequately protected the rights and interests of the employees, whether it provided for fair and efficient workplace relations, and whether it was made in good faith. Additionally, the Commission needed to consider whether the agreement provided for fair and reasonable terms and conditions of employment, and whether it met the statutory requirements for approval under the Fair Work Act. The decision hinged on a detailed examination of the provisions of the agreement, the submissions made by the parties, and relevant precedents.

In reaching its decision, the Fair Work Commission examined the submissions and evidence presented by both parties, and considered the broader context of industrial relations in Australia. The Commission found that the proposed agreement was made in good faith and provided for fair and efficient workplace relations. It also concluded that the terms and conditions of employment were fair and reasonable, and that the agreement met all statutory requirements for approval. Consequently, the Commission approved the Thomas Foods Darwin Enterprise Agreement 2025, allowing it to come into effect as intended by the parties. This approval ensures that the agreement can be implemented to regulate the terms and conditions of employment for the relevant employees.

Thomas Foods International Australia Pty Ltd T/A Thomas Foods International Australia

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established