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austlii:cth/FWCA/2026/849
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
NORTH QUEENSLAND FRESH ENTERPRISE AGREEMENT 2025
Application for approval of the North Queensland Fresh Enterprise Agreement 2025
[1] North Queensland Fresh Pty Ltd ("the Employer") has applied for approval of an enterprise agreement known as North Queensland Fresh 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 Applicant provided a revised signature page for the agreement, to cure minor deficiencies. To the extent necessary to do so: I exercise the power in section 586 of the Fair Work Act,[1] under paragraph (a) and/or paragraph (b) of that section, to correct any error in the application, and/or waive any irregularity in the form or manner in which it has been made, arising out of the signatories' explanation of their authority to sign the Agreement and failure to provide their state or postcode.
[3] Pursuant to s.202(4) and item 107 of Schedule 1 of the Fair Work Act, the model flexibility term as prescribed by the Fair Work (Model Terms) Determination 2025 is taken to be a term of the Agreement.
[4] 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, clause 27A of the Horticulture Award 2020 is taken to be a term of the Agreement.
[5] The Employer has given written undertakings in accordance with section 190 of the Fair Work Act. The undertakings are attached as Annexure A to this decision. I am satisfied that each undertaking is not likely to cause financial detriment to any employee covered by the Agreement and does not result in substantial changes to the Agreement. Each undertaking is taken to be a term of the Agreement.
[6] With the undertakings now given, 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, 188 and 190 of the Fair Work Act, as are relevant to this application for approval, have been met.
[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 2 April 2030.
[1] See Australian Nursing and Midwifery Federation v Uniting Church in Australia Property Trust (Q.) [2020] FWCFB 848, [128]-[129], applying CFMMEU v Griffiths Cranes Pty Ltd [2019] FWCFB 1717, [40]-[46].
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