PMFresh Pty Ltd

Case •

[2023] FWCA 263

•

25 JANUARY 2023
[2023] FWCA 263

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

PMFresh Pty Ltd

(AG2022/5505)

PMFRESH PTY LTD BROADMEADOWS (VIC) AND UNITED WORKERS UNION ENTERPRISE AGREEMENT 2022

Food, beverages and tobacco manufacturing industry

COMMISSIONER YILMAZ

MELBOURNE, 25 JANUARY 2023

Application for approval of the PMFresh Pty Ltd Broadmeadows (Vic) and United Workers Union Enterprise Agreement 2022

  1. An application has been made for approval of an enterprise agreement known as the PMFresh Pty Ltd Broadmeadows (Vic) and United Workers Union Enterprise Agreement 2022 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by PMFresh Pty Ltd. The Agreement is a single enterprise 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 are relevant to this application for approval and have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in ss.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

  1. I observe that certain provisions of the Agreement are likely to be inconsistent with the National Employment Standards (NES). However, noting clause 8 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 United Workers 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, will operate from 1 February 2023. The nominal expiry date of the Agreement is 30 June 2025.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

<AE519002  PR749989>

Annexure A

Actions
Download as PDF Download as Word Document
Cases Citing This Decision

0

Cases Cited

0

Statutory Material Cited

0