Application by Refresco Australia Pty Ltd
Citation: [2026] FWCA 1891
What happened
Refresco Australia Pty Ltd sought approval for a new enterprise agreement, the REFRESCO AUSTRALIA PTY LIMITED Enterprise Bargaining Agreement 2026. The agreement would replace several awards: the Manufacturing and Associated Industries and Occupations Award 2020, the Food, Beverage and Tobacco Manufacturing Award 2020, and the Storage Services and Wholesale Award 2020. Concerns were raised about whether the agreement provided a better overall outcome for employees compared to these awards, particularly regarding reconciliation terms, averaging of ordinary hours, casual loading, part-time hours, shift penalties, Saturday penalty rates, overtime pay, leave loading, and allowances.
What was decided
The Fair Work Commission approved the REFRESCO AUSTRALIA PTY LIMITED Enterprise Bargaining Agreement 2026. The Deputy President was satisfied that employees were better off overall under the agreement compared to the relevant awards, based on rosters provided by the employer. Several issues raised regarding the 'Better Off Overall Test' (BOOT) were addressed through written undertakings from the employer. These undertakings are legally binding terms of the agreement and will operate from August 6, 2026, expiring July 30, 2029.
What it means for employers
Employers seeking to implement enterprise agreements must carefully consider whether the agreement provides a 'better off overall' outcome for employees compared to relevant awards. They should anticipate and address potential concerns raised by the Fair Work Commission regarding specific clauses and provide evidence of reasonably foreseeable work patterns to demonstrate compliance.
What it means for employees
Employees covered by the new enterprise agreement should review the terms carefully, particularly concerning reconciliation periods, overtime rates, casual loading, and allowances. The undertakings provided by Refresco Australia Pty Ltd offer some protections; employees can refer to these if they believe their conditions have worsened.
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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 →