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austlii:cth/FWCA/2026/857
General information, not legal advice.
FWCA
2026-04-02
Original judgment source is linked above.
s.185 - Application for approval of a single-enterprise agreement
Application for approval of the Nerada Tea - Enterprise Agreement 2025.
[1] Nerada Tea Pty Ltd ("the Employer") has applied for approval of an enterprise agreement known as Nerada Tea - Enterprise Agreement 2025 ("the Agreement"). The Application was made under section 185 of the Fair Work Act 2009 ("the Fair Work Act"). The Agreement is a single enterprise agreement.
[2] The Agreement does not contain a delegates' rights term that meets the requirements of section 205A of the Fair Work Act. Pursuant to that section, each of clause 30A of the Food, Beverage and Tobacco Manufacturing Award 2020 and clause 40A of the Manufacturing and Associated Industries and Occupations Award 2020 is taken to be a term of the Agreement.
[3] Noting clause 1.6 of the Agreement, I am satisfied that the more beneficial entitlements of the National Employment Standards ("NES") in the Fair Work Act will prevail where there is an inconsistency between the Agreement and the NES.
[4] I sought and received submissions from the Employer in relation to the Better Off Overall Test, having regard to the provisions for shiftwork and the span of hours. The Employer submitted the Agreement passed the Better Off Overall Test. The submissions were uncontested. I accept them.
[5] In light of the foregoing, and after having regard to the Statement of Principles on Genuine Agreement as well as the application and declarations filed in this matter, I am satisfied that each of the requirements of sections 186, 187, and 188 of the Fair Work Act as are relevant to this application for approval have been met.
[6] The United Workers' Union (UWU) lodged a declaration in the prescribed form[1] giving notice under s.183 of the Fair Work Act that it wants the Agreement to cover it. In accordance with subsection 201(2) of the Fair Work Act, I note the Agreement covers the UWU.
[7] The Agreement is approved and will operate in accordance with section 54 of the Fair Work Act. The nominal expiry date of the Agreement is 1 June 2028.
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