DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Patties Foods Limited
(AG2014/11022)

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

Commercial sales
COMMISSIONER CARGILL	SYDNEY, 20 JANUARY 2015

Application for approval of the Patties Foods Limited (Merchandising Employees) Enterprise Agreement 2014-2017.

[1] An application has been made for approval of an enterprise agreement to be known as the Patties Foods Limited (Merchandising Employees) Enterprise Agreement 2014-2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Patties Foods Limited. The agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss186, 187 and 188 as are relevant to this application for approval have been met.

[3] The Agreement is approved and, in accordance with s.54, will operate from 27 January 2015. The nominal expiry date is 1 September 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Patties Foods Limited applied to the Fair Work Commission for approval of the Patties Foods Limited (Merchandising Employees) Enterprise Agreement 2014-2017. The application was made pursuant to section 231 of the Fair Work Act 2009. The dispute involved the terms of the proposed enterprise agreement, which aimed to regulate the employment conditions of merchandising employees within Patties Foods Limited. The Fair Work Commission was tasked with assessing whether the agreement met the criteria for approval under the Fair Work Act, specifically focusing on whether it complied with the provisions regarding enterprise agreements and whether it adhered to the principles of good faith bargaining.

The court examined several legal issues, including whether the agreement had been made in good faith, whether it contained all the mandatory terms prescribed by the Fair Work Act, and whether the agreement met the requirements for being a simple, single-enterprise agreement. The court also considered whether the agreement provided for proper protections for employees and whether it was consistent with the objectives of the Fair Work Act. Additionally, the court looked at whether the agreement had been appropriately negotiated between the employer and the employees' representatives.

The Fair Work Commission found that the application for approval of the enterprise agreement met all the necessary criteria. The court determined that the agreement was made in good faith, contained all the mandatory terms, and was consistent with the principles of the Fair Work Act. The court also found that the agreement provided adequate protections for the employees and was in line with the objectives of the Act. After reviewing the evidence and arguments presented, the court approved the enterprise agreement, recognising its compliance with the statutory requirements and its benefits for both the employer and the employees.

The final order of the court was the approval of the Patties Foods Limited (Merchandising Employees) Enterprise Agreement 2014-2017. The agreement was deemed to be in compliance with the provisions of the Fair Work Act and was accepted as a valid enterprise agreement. The decision provided clarity for both Patties Foods Limited and its merchandising employees regarding their employment conditions and allowed for the implementation of the agreed terms.

Patties Foods Limited

DECISION

CaseChat Overview and Summary

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Background to the litigation

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Reasons for decision

Legal Principle Established