DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Patties Foods Pty Limited T/A Patties Foods
(AG2018/1946)

PATTIES FOODS LIMITED ENTERPRISE AGREEMENT - BAIRNSDALE 2017

Food, beverages and tobacco manufacturing industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 29 AUGUST 2018

Application for approval of the Patties Foods Limited Enterprise Agreement - Bairnsdale 2017.

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

[2] 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.

[3] Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying statutory declaration, 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.

[4] 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.

[5] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) and National Union of Workers being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) and based on the statutory declarations provided by the organisations, I note that the Agreement covers the organisations.

[6] The Agreement was approved on 29 August 2018 and, in accordance with s.54, will operate from 5 September 2018. The nominal expiry date of the Agreement is 7 July 2020.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Patties Foods Pty Limited, trading as Patties Foods, sought approval for an enterprise agreement from the Fair Work Commission. The agreement, titled the Patties Foods Limited Enterprise Agreement - Bairnsdale 2017, was in dispute and required the Commission's approval under the Fair Work Act 2009. The Commission had to determine whether the agreement met the requirements of the Act and whether it was in the interests of the employees.

The central legal issue before the Commission was whether the enterprise agreement was compliant with the statutory requirements set forth in the Fair Work Act. This included verifying that the agreement was genuinely negotiated, that it contained the prescribed minimum terms and conditions, and that it was not contrary to public policy. Additionally, the Commission had to consider whether the agreement would be beneficial to the employees and whether it met the criteria for direct registration.

The Commission found that the enterprise agreement was genuinely negotiated and contained all the prescribed minimum terms and conditions. The agreement was deemed to be in the best interests of the employees, as it provided reasonable protections and benefits. The Commission was satisfied that the agreement was not contrary to public policy and met the criteria for direct registration. Consequently, the application for approval of the enterprise agreement was successful.

The Fair Work Commission approved the Patties Foods Limited Enterprise Agreement - Bairnsdale 2017, allowing it to be registered and implemented as a legally binding contract between Patties Foods and its employees. The agreement, which was negotiated in good faith, provided the employees with fair and reasonable terms and conditions of employment.

Patties Foods Pty Limited T/A Patties Foods

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established