austlii:cth/FWCA/2026/205
General information, not legal advice.
FWCA
2026-02-02
Original judgment source is linked above.
s.185 - Application for approval of a single-enterprise agreement
A B Food And Beverages Australia Pty. Ltd. Trading As Twinings & Co. Trading AS Twinings & Co
Application for approval of the Twinings & Co Enterprise Agreement 2025-2028.
[1] An application has been made for approval of an enterprise agreement known as the Twinings & Co Enterprise Agreement 2025-2028 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act) by A B Food And Beverages Australia Pty. Ltd. Trading As Twinings & Co. Trading AS Twinings & Co (the Applicant). The Agreement is a single enterprise agreement.
[2] The matter was allocated to my Chambers on 2 January 2026.
[3] I note that multiple clauses are inconsistent with the National Employment Standards (NES). Given the NES precedence clause at clause 6 of the Agreement, I am satisfied that the more beneficial entitlements of the NES will prevail.
[4] Pursuant to s.205A(2) of the Act, the workplace delegates' rights term prescribed by clause 30A of the Food, Beverage and Tobacco Manufacturing Award 2020 is taken to be a term of the Agreement.
[5] The "United Workers' Union", being a bargaining representative for the Agreement, has given 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 that the Agreement covers this organisation.
[6] I am satisfied that each of the requirements of ss.186, 187, 188, 190, 193 and 193A of the Act as are relevant to this application for approval have been met.
[7] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 days after the date of approval of the Agreement. The nominal expiry date is 31 August 2028.

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