Patties Foods Meals Pty Ltd Trading AS Patties Food Group

[2025] FWCA 825

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Patties Foods Meals Pty Ltd Trading AS Patties Food Group

(AG2025/262)

PATTIES FOODS MEALS PTY LTD (OPERATIONS EMPLOYEES QUEENSLAND) ENTERPRISE AGREEMENT 2025

Food, beverages and tobacco manufacturing industry
DEPUTY PRESIDENT DOBSON	BRISBANE, 6 MARCH 2025

Application for approval of the Patties Foods Meals Pty Ltd (Operations Employees Queensland) Enterprise Agreement 2025

This decision deals with an application made for approval of an enterprise agreement known as the Patties Foods Meals Pty Ltd (Operations Employees Queensland) Enterprise Agreement 2025 (the Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Patties Foods Meals Pty Ltd T/A Patties Food Group (the Applicant). The Agreement is a single-enterprise agreement.

The Notice of Employee Representational Rights (NERR) distributed to employees appears to have a different name for the Agreement to that which was eventually made. However, I am satisfied that the Agreement would have been genuinely agreed to but for the minor procedural departure from the prescribed form requirements of the NERR under s.174(1A) of the Act and that the employees covered by the Agreement were not likely to have been disadvantaged by this. Accordingly, I exercise the discretion conferred by s.188(5) of the Act.[1]

I am satisfied that whilst employees were not given a full 7 calendar days before the Agreement voting commenced in order to do so in a free and informed manner, such shorter period was agreed by an employee organisation acting as a bargaining representative for a significant proportion of the employees to be covered by the Agreement.[2]

The Applicant has provided written undertakings. 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 views of each person who the Fair Work Commission knows is a bargaining representative for the Agreement have been sought in relation to the Undertakings.

Pursuant to s.190(3) of the Act, I accept the undertakings.

Subject to the undertakings referred to above, having regard to the Statement of Principles,[3] on the basis of the material contained in the application and accompanying declarations, I am satisfied that each requirement of ss.186, 187 and 188 as are relevant to this application for approval have been met. The undertakings are taken to be a term of the Agreement.

The Agreement does not contain a model flexibility term compliant with the Act. Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

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

·Clause 20 – The shiftwork definition will apply for the purposes of the NES
·Clause 31.3 – Notice of Termination by Employees – Employees who are older than 45 years of age who have completed at least 2 years of continuous service with the employer at the end of the day the notice is given, will be entitled to an additional 1 week notice period.

However, noting clause 3.7 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.

The United Workers Union (UWU) lodged a Form F18 statutory declaration giving notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) of the Act, I note the Agreement covers the UWU.

The Agreement is approved and will operate from 13 March 2025. The nominal expiry date of the Agreement is 12 March 2028.

DEPUTY PRESIDENT

[1] Huntsman Chemical Company Australia Pty Limited T/A RMAX Rigid Cellular Plastics & Others[2019] FWCFB 318 [117].

[2] Fair Work (Statement of Principles on Genuine Agreement) Instrument 2023 s.16(b).

[3] Fair Work (Statement of Principles on Genuine Agreement) Instrument 2023.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The decision involves an application by Patties Foods Meals Pty Ltd, trading as Patties Food Group, for approval of a single-enterprise agreement under section 185 of the Fair Work Act 2009. The agreement in question, the Patties Foods Meals Pty Ltd (Operations Employees Queensland) Enterprise Agreement 2025, was proposed as a means to regulate the employment conditions for employees within the food, beverages, and tobacco manufacturing industry. The Deputy President, Dobson, was responsible for overseeing the application and making a determination regarding the approval of the agreement.

The primary legal issues that the court had to address were whether the agreement was genuinely agreed upon despite a minor procedural departure from the prescribed form requirements, and whether the employees covered by the agreement were disadvantaged by this procedural error. Additionally, the court had to consider whether the written undertakings provided by the applicant would cause financial detriment to any employee or result in substantial changes to the agreement. The court also had to examine whether the agreement complied with the National Employment Standards and determine if the United Workers Union had opted into the agreement.

The Deputy President concluded that, although the agreement voting did not commence until after the full 7 calendar days as prescribed under section 174(1A) of the Act, this minor procedural departure did not disadvantage the employees because it was agreed upon by an employee organisation acting as a bargaining representative for a significant proportion of the employees. The court was also satisfied that the written undertakings provided by the applicant would not cause financial detriment to any employee or result in substantial changes to the agreement. The court noted that the agreement did not contain a model flexibility term compliant with the Act, and therefore the model flexibility term prescribed by the Fair Work Regulations 2009 was taken to be a term of the agreement. The court found that the agreement covered the United Workers Union and approved the agreement to operate from 13 March 2025 until 12 March 2028.

The Deputy President approved the Patties Foods Meals Pty Ltd (Operations Employees Queensland) Enterprise Agreement 2025, subject to the written undertakings, and determined that the agreement would operate from 13 March 2025 until 12 March 2028. The model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the agreement. The court also noted that certain provisions of the agreement may be inconsistent with the National Employment Standards, but determined that the more beneficial entitlements of the NES would prevail where there is an inconsistency between the agreement and the NES.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established