Application by Rinoldi Pasta Pty Ltd
Citation: [2026] FWCA 2196
What happened
Rinoldi Pasta Pty Ltd sought approval for a single-enterprise agreement, the Rinoldi Pasta Pty Ltd & United Workers Union Agreement 2026, covering employees in the food, beverages, and tobacco manufacturing industry. The United Workers Union (UWU) was the bargaining representative. The Fair Work Commission considered issues related to the Notice of Employee Representational Rights (NERR), the Better Off Overall Test (BOOT), and consistency with the National Employment Standards (NES).
What was decided
The Fair Work Commission approved the Rinoldi Pasta Pty Ltd & United Workers Union Agreement 2026. While a minor procedural error was noted with the NERR, the Commission was satisfied it didn't disadvantage employees. the Respondent provided an undertaking to address BOOT concerns. The agreement will operate for seven days after approval. The UWU is covered by the agreement. The Commission considered and accepted an undertaking from the Respondent, which became a term of the agreement.
What it means for employers
Employers seeking to implement enterprise agreements must ensure compliance with the Notice of Employee Representational Rights requirements. They should also proactively address potential issues related to the Better Off Overall Test to avoid delays in approval. Providing undertakings can help resolve concerns and secure approval.
What it means for employees
Employees should be aware of their rights regarding enterprise agreement negotiations and approvals. The UWU will be covered by the agreement. The agreement ensures that any inconsistencies with the National Employment Standards will be resolved in favour of the more beneficial entitlements for employees.
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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