Application by Freshfood Management Services Pty Ltd
Citation: [2026] FWCA 1958
What happened
Freshfood Management Services Pty Ltd, a subsidiary of FreshFood Australia Holdings Pty Ltd, applied to the Fair Work Commission for approval of an enterprise agreement. The agreement was negotiated with the Australian Manufacturing Workers’ Union (AMWU), Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU), and United Workers’ Union (UWU). The application was made under section 185 of the Fair Work Act 2009. A minor discrepancy existed between the agreement title on a notice to employees and the filed agreement title.
What was decided
The Fair Work Commission approved the enterprise agreement. Deputy President Boyce found that the discrepancy in the agreement title was a minor technical error, and did not prevent genuine employee agreement. The agreement will operate from August 3, 2026, and expire on December 31, 2027. The employer provided undertakings which were deemed to not cause financial detriment or substantial changes to the agreement. National Employment Standards entitlements will prevail where there is an inconsistency.
What it means for employers
Employers should ensure consistency between document titles used in notices to employees and those filed with the Fair Work Commission, although minor discrepancies are unlikely to derail approval.
What it means for employees
Employees covered by this agreement will receive the entitlements outlined within it. Where there is a conflict, the National Employment Standards will apply.
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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 →