Application by Pastelor Pty Ltd Trading AS PE Foods
Citation: [2026] FWCA 1919
What happened
Pastelor Pty Ltd Trading As PE Foods (the Applicant) sought to terminate the PE Foods Enterprise Agreement 2010, which expired on February 9, 2014. The agreement covers employees in the food, beverages and tobacco manufacturing industry. The Applicant stated the agreement was outdated due to changes in modern awards, minimum wage rates, and National Employment Standards. They argued termination would align employee terms with current standards, causing no loss of pay or key conditions. Employees were notified of the application and given an opportunity to provide input but none did so.
What was decided
The Fair Work Commission (FWC) approved the Applicant’s request to terminate the PE Foods Enterprise Agreement 2010. The Commissioner found that continued operation of the agreement would be appropriate to end, as it created inconsistency and confusion. The termination will take effect from August 23, 2026. No employees submitted views on the matter.
What it means for employers
Employers with expired enterprise agreements should consider whether they are creating unnecessary complexity by continuing their operation. Regularly reviewing and updating employment conditions to align with modern awards and legislation is important for clarity and compliance.
What it means for employees
Employees covered by expired enterprise agreements may benefit from a transition to modern award coverage, ensuring alignment with current standards. Employees were given the opportunity to be heard but did not participate in this case.
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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 →