austlii:cth/FWCA/2026/538
General information, not legal advice.
FWCA
2026-03-03
Original judgment source is linked above.
s.185 - Enterprise agreement
GOODMAN FIELDER CONSUMER FOODS PTY LTD (PAMPAS - WAREHOUSE) - FAIR WORK ENTERPRISE AGREEMENT 2025 - 2026
Application for approval of the Goodman Fielder Consumer Foods Pty Ltd (Pampas - Warehouse) - Fair Work Enterprise Agreement 2025 - 2026
[1] An application has been made for approval of an enterprise agreement known as the Goodman Fielder Consumer Foods Pty Ltd (Pampas - Warehouse) - Fair Work Enterprise Agreement 2025 - 2026 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Goodman Fielder Consumer Foods Pty Ltd. 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] 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 organisation.
[4] I observe that the following provisions are likely to be inconsistent with the National Employment Standards (NES):
Clause 30(5)(a): Compassionate leave - does not appear to provide for compassionate leave for birth of a stillborn child or miscarriage, appearing to be inconsistent with s.105 of the Act.
Clause 30 (5)(b)(i): Compassionate leave - provides that an employee must notify their manager within 24 hours of any absence, prior to the commencement of their rostered start time for that day. This appears to be inconsistent with s.107(2)(a) of the Act, which provides that notice must be given to the employer as soon as practicable (which may be a time after the leave has started).
However, noting clause 3(2) of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.
[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 10 March 2026. The nominal expiry date of the Agreement is 30 June 2026.

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