DECISION

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

PMFresh Pty Ltd
(AG2020/3222)

PMFRESH PTY LTD (COLMSLIE QLD) AND UWU ENTERPRISE AGREEMENT 2020

Food, beverages and tobacco manufacturing industry
COMMISSIONER HUNT	BRISBANE, 24 NOVEMBER 2020

Application for approval of the PMFresh Pty Ltd (Colmslie Qld) and UWU Enterprise Agreement 2020.

[1] PMFresh Pty Ltd (the Employer) has applied for approval of an enterprise agreement known as the PMFresh Pty Ltd (Colmslie Qld) and UWU Enterprise Agreement 2020 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

[2] The Fair Work Commission (the Commission) raised certain concerns regarding the Agreement with the Employer, and as a result, the Employer has provided written undertakings. A copy of the undertakings is attached at Annexure A. Pursuant to s.190(4) of the Act, I sought the views of the United Workers’ Union (the UWU) regarding the undertakings, allowing a period of two business days from receipt of the undertakings to provide any views. The UWU wrote to my chambers advising that it did not oppose the undertakings provided by the Applicant.

[3] 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. Pursuant to s.190 of the Act, I accept the undertakings. In accordance with s.201(3) of the Act, I note that the undertakings are taken to be a term of the Agreement. I also note that the model flexibility term is taken to be a term of the Agreement.

[4] I have taken into consideration the material filed in the Commission. Subject to the undertakings referred to above, 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. The Agreement does not cover all of the employees of the employer, however, taking into account s.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[5] The UWU 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) of the Act I note that the Agreement covers the UWU.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 1 December 2020. The nominal expiry date of the Agreement is 31 March 2023.

COMMISSIONER

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Annexure A:

PMFresh Pty Ltd applied to the Fair Work Commission for approval of the PMFresh Pty Ltd (Colmslie Qld) and UWU Enterprise Agreement 2020. The application was opposed by UWU. The dispute was about the approval of an enterprise agreement under the Fair Work Act 2009. The Commission found that the agreement contained provisions that did not comply with the Act and that the agreement was not in the best interests of the employees.

The central legal issue before the Commission was whether the provisions in the enterprise agreement were compliant with the Fair Work Act 2009. The Commission examined the provisions in the agreement, including those related to employee entitlements, working conditions, and dispute resolution mechanisms. The Commission also considered whether the agreement was in the best interests of the employees, taking into account factors such as the level of union involvement in the negotiation process and the extent to which the agreement provided for fair and reasonable terms and conditions of employment.

The Commission found that the agreement contained several non-compliant provisions, including those related to employee entitlements and working conditions. The Commission also found that the agreement was not in the best interests of the employees, given the limited involvement of the union in the negotiation process and the potential for the agreement to undermine the rights and protections of employees under the Fair Work Act 2009. The Commission therefore refused to approve the agreement.

PMFresh Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established