Application by Foodmach Pty Ltd Trading AS Foodmach
Citation: [2026] FWCA 1929
What happened
Foodmach Pty Ltd applied to have its Foodmach PTY LTD Enterprise Agreement 2026 approved. The agreement is a single enterprise agreement covering employees in manufacturing and associated industries. The Australian Manufacturing Workers' Union (AMWU) and Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU) are bargaining representatives for the agreement.
What was decided
The Fair Work Commission approved the Foodmach PTY LTD Enterprise Agreement 2026. The Commissioner found that the requirements of sections 186, 187, 188 and 190 of the Fair Work Act were met. The agreement will operate seven days after approval. It covers both the AMWU and CEPU.
What it means for employers
Employers seeking to implement enterprise agreements must ensure they comply with all relevant sections of the Fair Work Act, including those relating to interaction with the National Employment Standards (NES). A ‘NES precedence clause’ is required where an agreement provides for outcomes different from the NES.
What it means for employees
Employees covered by the Foodmach PTY LTD Enterprise Agreement 2026 will be subject to its terms. The agreement acknowledges that the NES takes precedence unless the agreement offers a more favourable outcome. Unions representing employees are entitled to be covered under approved enterprise agreements.
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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 →