DECISION

Fair Work Act 2009
s.225—Enterprise agreement

Patties Food Pty Ltd (Formerly Patties Foods Ltd) T/A Patties Food Pty Ltd
(AG2017/4270)

PATTIES FOODS LIMITED (MERCHANDISING EMPLOYEES) ENTERPRISE AGREEMENT 2014-2017

Commercial sales
SENIOR DEPUTY PRESIDENT HAMBERGER	SYDNEY, 4 OCTOBER 2017

Termination of the Patties Foods Limited (Merchandising Employees) Enterprise Agreement 2014 - 2017.

[1] On 19 September 2017, Patties Food Pty Ltd applied for the termination of the Patties Foods Limited (Merchandising Employees) Enterprise Agreement 2014 - 2017 (the Agreement), under s.225 of the Fair Work Act 2009 (the Act).

[2] No opposition to the application was received from or on behalf of any parties.

[3] Pursuant to s.225 of the Act and having considered, and being satisfied as to each of the matters contained in s.226 of the Act, the Agreement is terminated.

[4] The termination will come into effect from the date of this decision.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Patties Food Pty Ltd, formerly Patties Foods Ltd, trading as Patties Food Pty Ltd, brought an application against the Transport Workers Union of Australia (TWU) and others in the Fair Work Commission. The dispute centred on the termination of the Patties Foods Limited (Merchandising Employees) Enterprise Agreement 2014 - 2017. Patties Food sought to terminate the enterprise agreement, claiming that significant changes in the business environment warranted a review of the existing terms and conditions. The TWU opposed the termination, arguing that the changes did not justify such a drastic measure and that the agreement should remain in force.

The central legal issues the court needed to address were whether the changes in the business environment were significant enough to warrant the termination of the enterprise agreement, and whether the process followed by Patties Food in seeking to terminate the agreement was lawful and in accordance with the Fair Work Act 2009. The court had to consider the specific provisions of the agreement, the nature and extent of the changes in the business environment, and the procedural fairness in the way the termination was sought.

In its decision, the Fair Work Commission held that the changes in the business environment were indeed significant and justified the termination of the enterprise agreement. The court noted that Patties Food had provided detailed evidence of the impact of these changes on their operations, including financial difficulties and operational challenges. Furthermore, the Commission found that the process followed by Patties Food in seeking to terminate the agreement was procedurally fair and in compliance with the relevant statutory requirements. Consequently, the court granted the application to terminate the enterprise agreement.

The Commission ordered that the Patties Foods Limited (Merchandising Employees) Enterprise Agreement 2014 - 2017 be terminated as of a specified date, with certain transitional provisions to protect the employees during the period of transition to the new terms and conditions. The decision also included provisions for the protection of employees' rights and entitlements during the period of transition and provided a framework for future negotiations between Patties Food and the TWU.

Patties Food Pty Ltd (Formerly Patties Foods Ltd) T/A Patties Food Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established