austlii:cth/FWCA/2025/2782
General information, not legal advice.
FWCA
2025-08-22
Original judgment source is linked above.
s.185 - Application for approval of a single-enterprise agreement
Application for approval of the Mauri (VIC) Enterprise Agreement 2025
[1] An application has been made for approval of an enterprise agreement known as the Mauri (VIC) 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 George Weston Foods Ltd Trading AS Mauri (Mauri). The Agreement is a single enterprise agreement.
[2] In response to several issues raised with Mauri in relation to its application, it has provided written undertakings, a copy of which are 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.
[3] The undertakings relate to:
Workplace Delegates Rights
Part-Time Overtime
Apprentices and Trainees
Interaction with the National Employment Standards
[4] Clause 6.2 of the Agreement provides that where there is any inconsistency between the Agreement and the National Employment Standards (NES) the more beneficial provision in the NES shall take precedence (NES precedence clause). On this basis, I am satisfied that the apparent inconsistencies with the NES outlined below do not prevent the approval of this agreement:
Clause 32.1.1 - personal / carer's leave evidence
Clause 34 - parental leave
Clause 33.6 - compassionate leave
Clause 19.2.2 - withholding monies on termination
Clause 36.4 - public holiday substitution
[5] 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.
[6] The United Workers' Union (UWU) 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 UWU.
[7] The Agreement is approved and, in accordance with s.54 of the Act, will operate 7 days after approval.

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