austlii:cth/FWCA/2026/242
General information, not legal advice.
FWCA
2026-02-11
Original judgment source is linked above.
s.185 - Enterprise agreement
UNILEVER AUSTRALIA TRADING LIMITED - TATURA SITE - ENTERPRISE AGREEMENT 2025
Application for approval of the Unilever Australia Trading Limited - Tatura Site - Enterprise Agreement 2025
[1] An application has been made for approval of an enterprise agreement known as the Unilever Australia Trading Limited - Tatura Site - Enterprise Agreement 2025 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Unilever Australia Trading Limited. The Agreement is a single enterprise agreement.
[2] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.
[3] The Australian Manufacturing Workers Union (AMWU) and the Communication, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU), being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers the organisations.
[4] I observe that the following provision is likely to be inconsistent with the National Employment Standards (NES):
Clause 50.10 - Personal/carer's leave (notice): Clause 50.10 of the Agreement provides that an employee must inform their employer before the commencement of their normal hours of their inability to attend. Where this is not practicable, an employee must notify their employer within 24 hours of such absence. This appears inconsistent with the NES at s.107 of the Act, which provides that notice must be given as soon as practicable, which may be a time after the leave has started.
However, noting clause 7.3 of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.
[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 18 February 2026. The nominal expiry date of the Agreement is 30 June 2028.

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