SANITARIUM HEALTH FOOD COMPANY MOOROOKA ENTERPRISE AGREEMENT 2026

Application for approval of the Sanitarium Health Food Company Moorooka Enterprise Agreement 2026

[1] An application has been made for approval of an enterprise agreement known as the Sanitarium Health Food Company Moorooka Enterprise Agreement 2026 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by The Australian Health & Nutrition Association Limited (the Applicant). The Agreement is a single enterprise agreement.

[2] I note that there was a minor discrepancy between the title of the proposed agreement in the Notice of Employee Representational Rights (NERR) and the Agreement. I regard this as a minor technical error within the meaning of s.188(5). I am satisfied that the employees were not likely to have been disadvantaged by the error and that the error can therefore be disregarded under that section.

[3] The Applicant has provided written undertakings. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[4] Subject to the undertakings referred to above, I am satisfied that each requirement of ss.186, 187 and 188 as are relevant to this application for approval have been met. The undertakings are taken to be a term of the Agreement.

[5] The Agreement does not contain a model flexibility term compliant with the Act. Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work (Model Terms) Determination 2025 is taken to be a term of the Agreement

[6] Noting clause 6 of the Agreement, I am satisfied that the more beneficial entitlements of the NES in the Act will prevail where there is an inconsistency between the Agreement and the NES.

[7] Pursuant to s.205A(2) of the Act, the workplace delegates' rights term prescribed by the Food, Beverage and Tobacco Manufacturing Award 2020 and the Manufacturing and Associated Industries or Occupations Award 2020 is taken to be a term of the Agreement.

[8] The Agreement is approved in accordance with s.54 of the Act and will operate from 27 February 2026. The nominal expiry date of the Agreement is 20 February 2029.

Printed by authority of the Commonwealth Government Printer

The Australian Health & Nutrition Association Limited t/a Sanitarium Health Food Company

Section 185 - Application for approval of a single enterprise agreement

I, Chelsea Lang, HR Business Leader, have the authority given to me by The Australian Health & Nutrition Association Limited t/a Sanitarium Health Food Company to give the following undertakings with respect to the Sanitarium Health Food Company Moorooka Enterprise Agreement 2026 ("the Agreement"):

1. Clause 12.7(j) of the Agreement is to be amended to read:
   • (j) states the date upon which the individual flexibility arrangements commences to operate; and specifies that the arrangement may be terminated:
     • (i) by either party giving not more than 28 days notice of termination, in writing, to the other party; or
     • (ii) at any time, by written agreement between the Company and the individual employee.
2. Clause 39.6 of the Agreement is to be amended to read:

A workplace delegate can speak with eligible employees in relation to their industrial interests under clause 39.5. This includes discussing membership of the delegate's organisation and representation with eligible employees.

These undertakings are provided on the basis of issues raised by the Fair Work Commission in the application before the Fair Work Commission.