austlii:cth/FWCA/2026/380
General information, not legal advice.
FWCA
2026-02-13
Original judgment source is linked above.
s.185 - Application for approval of a single-enterprise agreement
Application for approval of the Mauri (Camellia) Enterprise Agreement 2025
[1] An application has been made for approval of an enterprise agreement to be known as the Mauri (Camellia) Enterprise Agreement 2025 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by George Weston Foods Ltd Trading AS Mauri (Employer). The Agreement is a single enterprise agreement.
[2] There was an issue raised by the Commission with the Employer regarding the coverage term set out in the Notice of Employee Representational Rights (NERR) provided to relevant employees.[1] Having regard to the submissions of the Employer, I find that this issue constitutes a minor procedural and/or technical error. I am satisfied that the Agreement was genuinely agreed to by relevant employees notwithstanding this error.[2] I am also satisfied that the employees covered by the Agreement were not likely to have been disadvantaged by the error.
[3] The Commission notes that despite the terms of clause 30(d) of the Agreement in relation to redeployment and other acceptable employment, s.120 of the Act will apply to any redundancy entitlement that is sought to be reduced below the severance payments prescribed by s.119(2) of the Act.
[4] The Employer has provided written undertakings dated 12 February 2026. Those undertakings are attached at Annexure A to this decision and become terms of the Agreement. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement (as compared to the relevant provisions of the Food Beverage, Tobacco Manufacturing Award 2020), and that the undertakings will not result in substantial changes to the Agreement.
[5] The United Workers' Union (UWU), being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants to be covered by the Agreement. In accordance with s.201(2) of the Act, I note that the Agreement covers this organisation.
[6] Subject to the undertakings referred to above, 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] I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.
[8] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 20 February 2026. The nominal expiry date of the Agreement is 31 July 2028.
ANNEXURE A 


[1] Note the requirements of ss. 173 and 174 of the Fair Work Act 2009.
[2] See s.188(5) of the Fair Work Act 2009 and Huntsman Chemical Co Australia Pty Ltd T/A RMAX Rigid Cellular Plastics & Others [2019] FWCFB 318.
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