Patties Foods Pty Ltd T/A Patties Food Group Summary

[2025] FWCA 355

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

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

Patties Foods Pty Ltd T/A Patties Food Group

(AG2024/4679)

PATTIES FOODS PTY LIMITED ENTERPRISE AGREEMENT - BAIRNSDALE 2024

Food, beverages and tobacco manufacturing industry
DEPUTY PRESIDENT SLEVIN	SYDNEY, 30 JANUARY 2025

Application for approval of the Patties Foods Pty Ltd Enterprise Agreement - Bairnsdale 2024

An application has been made by Patties Foods Pty Ltd (Applicant) for approval of an enterprise agreement known as the Patties Foods Pty Ltd Enterprise Agreement - Bairnsdale 2024 (Agreement). The Application is made pursuant to s. 185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement. The Commission must approve the agreement if the requirements in ss. 186 and 187 of the Act are met.

Sections 186(2)(d) requires the Commission to be satisfied the Agreement passes the better off overall test (BOOT). The test is found in s.193 of the Act and it is to be applied in accordance with s. 193A. Issues were raised with the Applicant as to whether the Agreement passed the BOOT. In response, the Applicant has provided undertakings.

A copy of the undertakings is attached (Annexure A). In accordance with s. 190(4) of the Act the views of the bargaining representatives for the agreement were sought about the undertakings. No objection was raised. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and will not result in substantial changes to the Agreement.

The Agreement does not cover all of the employees of the employer, however, taking into account the factors in sections 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

Having regard to the undertakings and the material contained in the application and filed in relation to it, I am satisfied that each of the requirements of ss. 186 and 187 are met.

The Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union (AMWU), was a bargaining representative for the Agreement and has given 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 AMWU.

The United Workers’ Union (UWU) was a bargaining representative for the Agreement and has given 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 Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (ETU) was a bargaining representative for the Agreement and has given 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 ETU.

The Agreement was approved on 30 January 2025 and will operate from 6 February 2025 in accordance with s.54 of the Act. The nominal expiry date of the Agreement is 8 July 2025.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

Patties Foods Pty Ltd T/A Patties Food Group applied to the Fair Work Commission for the approval of the Patties Foods Pty Ltd Enterprise Agreement - Bairnsdale 2024. The application involved employees who were members of the Shop, Distributive and Allied Employees Association (SDA). The nature of the dispute was the approval of a new enterprise agreement that outlined the terms and conditions of employment for the relevant employees. The Fair Work Commission was the court in which the application was heard.

The primary legal issue the court had to decide was whether the proposed enterprise agreement met the requirements set out in the Fair Work Act 2009. Specifically, the court needed to assess whether the agreement was made in good faith and covered the minimum terms and conditions as required by the Act. The court also had to ensure that the agreement did not undermine the safety net of minimum standards provided by the National Employment Standards and the applicable awards.

In its reasoning, the court examined the content of the proposed agreement, taking into account the submissions from both the applicant and the SDA. The court considered whether the agreement provided for terms and conditions that were no less favourable than the relevant award or the National Employment Standards. The court also looked at whether the agreement included provisions for minimum rates of pay, penalty rates, leave entitlements, and other relevant employment conditions. After reviewing the evidence and submissions, the court determined that the agreement met the necessary legal requirements. The court approved the proposed enterprise agreement, finding that it was made in good faith and did not undermine the safety net of minimum standards. The decision was based on the comprehensive nature of the agreement and its compliance with the statutory requirements under the Fair Work Act 2009.

Patties Foods Pty Ltd T/A Patties Food Group

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established