Application by Kerry Ingredients Australia Pty Limited
Citation: [2026] FWCA 2055
What happened
Kerry Ingredients Australia Pty Limited applied to have the Kerry Ingredients Australia Pty Limited Maintenance Murarrie Enterprise Agreement 2026 approved. The agreement is a single enterprise agreement covering employees at their Murarrie site. Minor discrepancies existed between the agreement's title in the Notice of Employee Representational Rights (NERR) and the actual agreement, but these were considered technical errors that did not disadvantage employees. The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU) indicated they wished to be covered by the agreement.
What was decided
The Fair Work Commission approved the Kerry Ingredients Australia Pty Limited Maintenance Murarrie Enterprise Agreement 2026. The Commissioner considered minor technical errors in the NERR and disregarded them. A model consultation term, as required by law, was added to the agreement. The CEPU is covered by the agreement. It will operate from August 10, 2026, and expire on December 31, 2027. As stated in clause 7 of the Agreement, entitlements under the National Employment Standards (NES) will prevail where there's a conflict.
What it means for employers
the Applicant should ensure consistency between documents like Notices of Employee Representational Rights and enterprise agreements to avoid delays or challenges during approval processes. They must also include compliant consultation terms in enterprise agreements, or the Fair Work Commission will add them.
What it means for employees
Employees covered by this agreement benefit from the protections and entitlements outlined within it. The CEPU is now covered under the agreement. Any inconsistencies between the agreement and National Employment Standards (NES) will be resolved in favour of the NES.
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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