Patties Foods Australasia Pty Ltd T/A Patties Foods (Pakenham Site)

[2023] FWCA 1845

[2023] FWCA 1845

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Patties Foods Australasia Pty Ltd T/A Patties Foods (Pakenham Site)

(AG2023/1507)

PATTIES FOODS AUSTRALASIA PTY LTD (PRODUCTION) ENTERPRISE AGREEMENT 2023

Food, beverages and tobacco manufacturing industry
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 22 JUNE 2023

Application for approval of the Patties Foods Australasia Pty Ltd (Production) Enterprise Agreement 2023

1. An application has been made pursuant to s 185 of the Fair Work Act 2009 (the Act) for the approval of a single enterprise agreement known as the Patties Foods Australasia Pty Ltd (Production) Enterprise Agreement 2023 (Agreement).

1. The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the Agreement.

1. Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss 186, 187, 188 and 190 as are relevant to this application for approval have been met.

1. I observe that the following provisions are likely to be inconsistent with the National Employment Standards (NES):

·           Clause 6.5(a) – Public holidays (gazetted days); and

·           Clause 7.3(c) – Abandonment of employment.

However, noting clause 2.2(b) of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

1. The Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union being a bargaining representative for the Agreement, has given notice under s 183 of the Act that it wants the Agreement to cover it. In accordance with s 201(2) I note that the Agreement covers the organisation.

1. The Agreement is approved and, in accordance with s 54 of the Act, will operate from 3 July 2023. The nominal expiry date of the Agreement is 22 June 2027.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

<AE520451  PR763501>

Annexure A