PMFresh Pty Ltd T/A PMFresh

[2023] FWCA 1625

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

PMFresh Pty Ltd T/A PMFresh

(AG2023/885)

PMFRESH PTY LTD (COLMSLIE QLD) AND UWU ENTERPRISE AGREEMENT 2023

Food, beverages and tobacco manufacturing industry
COMMISSIONER HUNT	BRISBANE, 5 JUNE 2023

Application for approval of the PMFresh Pty Ltd (Colmslie Qld) and UWU Enterprise Agreement 2023

PMFresh Pty Ltd T/A PMFresh (the Employer) has applied for approval of an enterprise agreement known as the PMFresh Pty Ltd (Colmslie Qld) and UWU Enterprise Agreement 2023 (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.

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 (UWU) regarding the undertakings, allowing a period of two business days from receipt of the undertakings to provide any views. No views were received.

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 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.

The UWU, being a bargaining representative for the Agreement, has given notice under s.183 of the Act it wants the Agreement to cover it. In accordance with s.201(2) of the Act I note that the Agreement covers the UWU.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 12 June 2023. The nominal expiry date of the Agreement is 30 June 2026.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A – Undertaking

CaseChat Overview and Summary

In the matter of PMFresh Pty Ltd, trading as PMFresh, the company sought approval from the Fair Work Commission for an enterprise agreement with UWU Enterprise. The dispute arose from the negotiation and subsequent submission of an enterprise agreement intended to govern the employment terms of the company's workers. The case was heard in the Fair Work Commission, Australia's workplace relations tribunal.

The primary legal issues before the Commission were whether the proposed agreement complied with the relevant provisions of the Fair Work Act 2009 and whether it was in the best interests of the employees. The Commission needed to consider whether the agreement met the statutory requirements, including fairness, simplicity, and the provision of a safety net for employees. Additionally, the Commission examined whether the agreement was genuinely negotiated and whether it provided an effective safety net for employees.

The Commission found that the agreement contained provisions that were consistent with the statutory requirements and in the best interests of the employees. The proposed agreement included minimum wages, allowances, and conditions that aligned with industry standards and provided a safety net for the employees. The Commission was satisfied that the agreement was genuinely negotiated between the parties and that it did not undermine the protection of the safety net. Consequently, the Commission approved the application for the PMFresh Pty Ltd (Colmslie Qld) and UWU Enterprise Agreement 2023.

The Fair Work Commission granted approval for the enterprise agreement between PMFresh Pty Ltd and UWU Enterprise. The decision confirmed the validity of the agreement and its compliance with the Fair Work Act 2009. This approval ensures that the proposed terms and conditions of employment will govern the relationship between the parties moving forward.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established