Application by Tongala Nutrition Pty Ltd
Citation: [2026] FWCA 1909
What happened
Tongala Nutrition Pty Ltd sought approval for its enterprise agreement, the Tongala Nutrition Pty Ltd Enterprise Agreement 2026. The company operates in the food, beverages and tobacco manufacturing industry. Several clauses were identified as potentially inconsistent with the National Employment Standards (NES), including those relating to public holidays, abandonment of employment, and redundancy. The agreement includes a clause giving precedence to the NES.
What was decided
The Fair Work Commission approved the Tongala Nutrition Pty Ltd Enterprise Agreement 2026. It noted potential inconsistencies with the NES but confirmed that the more beneficial entitlements under the NES would apply where conflicts arose. The company provided undertakings which were deemed acceptable and became terms of the agreement. A delegates’ rights term was incorporated from an existing award. The agreement will operate from July 29, 2026, and has a nominal expiry date of December 31, 2028.
What it means for employers
Employers drafting enterprise agreements must ensure they align with the National Employment Standards (NES). Any inconsistencies should be addressed to prioritize NES entitlements. Providing written undertakings can help resolve concerns about potential impacts on employees and secure approval for an agreement.
What it means for employees
Employees covered by the Tongala Nutrition Pty Ltd Enterprise Agreement 2026 will benefit from the terms of the agreement, but where those terms conflict with the National Employment Standards, the NES entitlements will prevail. The agreement includes a delegates’ rights term derived from the Manufacturing and Associated Industries and Occupations Award 2020.
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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 →