REAL PET FOOD COMPANY INGLEBURN ENTERPRISE AGREEMENT 2025

Application for approval of the Real Pet Food Company lngleburn Enterprise Agreement 2025

[1] This decision concerns an application for approval of the Real Pet Food Company Ingleburn Enterprise Agreement 2025 (the Agreement). The application has been made under section 185 of the Fair Work Act 2009 (the FW Act) by Real Pet Food Company (the Applicant). The Agreement is a single enterprise agreement.

[2] The Fair Work Commission must approve the Agreement if the requirements in sections 186 and 187 of the FW Act are met.

[3] Section 186(2)(c) of the FW Act requires the Fair Work Commission to be satisfied that the terms of the Agreement do not contravene section 55 of the FW Act. In considering the application, I raised a concern with the Applicant, and the Australasian Meat Industry Employees Union (AMIEU), which was a bargaining representative for the Agreement. The concern related to clause 47.7 of the Agreement, which enables the employer to deduct monies on termination of employment in circumstances where the employee has not provided the prescribed period of notice. The concern being that clause may be inconsistent with the National Employment Standards. I sought the views of the Applicant, and the AMIEU as to whether the Applicant wished to rely upon clause 4.1 of the Agreement, which may be best described as a NES precedence clause to address any such inconsistency. The Applicant confirmed that it did. The AMIEU did not express a view. Such confirmation by the Applicant resolves these this concern.

[4] Section 186(2)(d) of the FW Act requires the Fair Work Commission to be satisfied that the Agreement passes the better off overall test (BOOT). The assessment as to whether the Agreement passes the BOOT is applied in accordance with section 193A of the FW Act. In considering the application, I raised a concern with the Applicant and the AMIEU that the wage rates for some junior employees were below the relevant award rate. In response to this concern, the Applicant proposed an undertaking to address this concern. I accept the undertaking. In doing so, I note that the AMIEU was given an opportunity to express their views about the undertaking. The AMIEU advised that it was satisfied that the undertaking. I am also satisfied that that the undertaking is not likely to cause financial detriment to any employee covered by the Agreement. I am also satisfied that the undertaking is not likely to result in substantial changes to the Agreement. A copy of the undertaking is attached at Annexure A of this decision.

[5] Section 186(6) of the FW Act requires that the agreement includes a term to settle disputes about any matters arising under the agreement and in relation to the National Employment Standards. In considering the application, I raised a concern that the clause 12 of the Agreement was a term that enabled the settlement of disputes about matters arising under the Agreement, but not the National Employment Standards. In response to this concern, the Applicant proposed an undertaking to address this concern. I accept the undertaking. In doing so, I note that the AMIEU was given an opportunity to express their views about the undertaking. The AMIEU advised that it was satisfied that the undertaking. I am also satisfied that that the undertaking is not likely to cause financial detriment to any employee covered by the Agreement. I am also satisfied that the undertaking is not likely to result in substantial changes to the Agreement. A copy of the undertaking is attached at Annexure A of this decision.

[6] Based on the material provided by the Applicant, each of the other requirements of the FW Act that are relevant to this Agreement are satisfied.

[7] Section 201 of the FW Act requires the approval decision to note certain matters. The first such matter is that the Australasian Meat Industry Employees Union has given the Fair Work Commission a notice under section 183(1) of the FW Act that it wants the Agreement to cover it. In accordance with section 201(2) of the FW Act, I note that the Agreement covers the Australasian Meat Industry Employees Union. The second such matter that is relevant to this application is section 201(3) of the FW Act. I note that the Agreement is approved with the attached undertaking, which is taken to be a term of the Agreement.

[8] The Agreement is approved and, in accordance with section 54 of the FW Act, it will operate from 6 February 2026. The nominal expiry date of the Agreement is 18 March 2028.

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