Donna Huynh [2025] FWCA 3568 (6 November 2025)

[1] An application has been made for approval of an enterprise agreement known as the Goodman Fielder Consumer Foods Pty Limited (Liquid Grocery Erskine Park) and The Australian Workers' Union Enterprise Agreement 2024 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Donna Huynh. The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[3] Pursuant to s.205A(2) of the Act, the workplace delegates' rights term prescribed by the Food, Beverage and Tobacco Manufacturing Award 2020 is taken to be a term of the Agreement.

[4] I note that the Agreement contains an NES precedence clause at cl. 1.4, and this clause will be relied upon in the event of any inconsistency between this Agreement and the National Employment Standards.

[5] The Australian 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) I note that the Agreement covers the organisation.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 13 November 2025. The nominal expiry date of the Agreement is 1 October 2027.

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