Application by Pastelor Pty Ltd Trading AS PE Foods
Citation: [2026] FWC 2425
What happened
Pastelor Pty Ltd Trading AS PE Foods (the Employer) sought to terminate the PE Foods Enterprise Agreement 2010, which expired in February 2014. The Employer claimed changes to modern awards and National Employment Standards made the agreement unsuitable. the Applicant, Chief People Officer, provided a statutory declaration supporting the application. No employee organisations were covered by the agreement. The Fair Work Commission directed the Employer to inform employees about the application but the Employer failed to comply with these directions.
What was decided
The Fair Work Commission dismissed the Employer's application to terminate the PE Foods Enterprise Agreement 2010. the Commissioner found the Employer did not adequately consult with employees as required by law, and therefore could not determine if termination was appropriate. The Employer is welcome to reapply but must comply with directions from the Commission.
What it means for employers
Employers seeking to terminate expired enterprise agreements must strictly adhere to Fair Work Commission directions regarding employee consultation. Failure to do so can result in applications being dismissed, even if there are valid reasons for termination.
What it means for employees
Employees covered by expired enterprise agreements should be aware of their rights and the process for termination. The Fair Work Commission requires employers to consult with employees before terminating an agreement.
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This summary was drafted from the published decision and reviewed before publishing. It is general information, not legal advice. For your specific situation, speak to the Fair Work Ombudsman (13 13 94) or a qualified lawyer. About these summaries & corrections →