[1] Snap Fresh Pty Ltd ("the Employer") has applied for approval of an enterprise agreement known as Snap Fresh & TWU 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] A party's application for the Commission's approval of an enterprise agreement must be accompanied by a signed copy of that agreement.[1] A copy of an enterprise agreement is a signed copy only if it is signed by the employer covered by the agreement and at least 1 representative of the employees covered by the agreement, and it includes each signatory's full name and address, and an explanation of their authority to sign.[2]

[3] The Transport Workers' Union of Australia (TWU) provided an updated signature page on 9 June 2025. I exercise the power in section 586 of the Fair Work Act,[3] 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 earlier signature page.

[4] There is a minor discrepancy as between the Notice of Employee Representational Rights, and the Agreement as made, as to the Agreement's title. For the purposes of subsection 188(5) I am satisfied that this was a minor technical error and not likely to disadvantage any employees in the circumstances.

[5] The Commission invited submissions as to whether the terms of the Agreement had been adequately explained. The Applicant provided further information in that regard. I am satisfied, having regard to that further information that the explanation was sufficient.

[6] There is a minor typographical error in subclause 31.17 of the Agreement. The applicant says, and I accept, that the reference to subclause 32111 was intended to be a reference to subclause 31.11. The Employer sought to deal with this issue by filing a corrected copy of the Agreement.

[7] I am satisfied that the correction to subclause 31.17 should be made and that it is appropriate to do so pursuant to section 218A of the Fair Work Act. The correction is made in accordance with the amended copy of the Agreement filed by the Employer on 11 July 2025.

[8] Unlike the provisions dealing with the model flexibility term and model consultation term, the model disputes term is not taken to be included in an enterprise agreement that fails to include a term which the Commission is satisfied meets the requirements set out in subsection 186(6) of the Fair Work Act. If the Commission is not satisfied that an enterprise agreement includes a term about settling disputes that complies with the requirements of subsection 186(6), the agreement may nonetheless be approved if the Commission accepts an undertaking that meets the concern under section 190. Otherwise, the agreement could not be approved.[4] In this case the Commission sought submissions from the parties as to whether the dispute settlement term is compliant. Having considered the applicant's submissions I consider that the dispute settlement term is compliant.

[9] Noting clause 3.3 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.

[10] 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.

[11] 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.

[12] The TWU lodged a declaration in the prescribed form[5] giving notice under section 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 TWU.

[13] 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 14 July 2028.

[1] Fair Work Act 2009 s 185(2)(a).

[2] Fair Work Act 2009 s 185(5) and Fair Work Regulations 2009 (Cth) r 2.06A.

[3] 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].

[4] Re Model terms for enterprise agreements and copied State instruments, [2025] FWCFB 39, [34].

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