DECISION

Fair Work Act 2009
s.210—Enterprise agreement

PMFresh Pty Ltd T/A PMFresh
(AG2021/8188)

Food, beverages and tobacco manufacturing industry
COMMISSIONER HUNT	BRISBANE, 30 NOVEMBER 2021

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

[1] An application has been made for variation of the PMFresh Pty Ltd (Colmslie Qld) and UWU Enterprise Agreement 2020 (the Agreement) pursuant to s.210 of the Fair Work Act 2009 (the Act). The application has been made by PMFresh Pty Ltd T/A PMFresh (the Employer).

[2] The Employer filed a statutory declaration in support of the application, which was declared by Mr Henry Segerius, General Manager Employee Relations and Safety of the Employer.

[3] The United Workers’ Union (UWU) lodged a Form F23B ‘Declaration of employee organisation in relation to variation of an enterprise agreement’ in which it advised that it did not disagree with any statements in Mr Segerius’ declaration.

[4] The variation can be found at Annexure A to this decision.

[5] I am satisfied that each of the requirements of ss.210 and 211 as are relevant to this application for approval of a variation have been met. The requirements in Regulation 2.09A of the Fair Work Regulations 2009 for the signing of a variation to the enterprise agreement have been met.

[6] The variation to the Agreement is approved. In accordance with s.216 of the Act, the variation will operate from 30 November 2021.

[7] The consolidated version of the Agreement, as varied, is attached to this decision.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

The applicant, PMFresh Pty Ltd, trading as PMFresh, applied to the Fair Work Commission for a variation of the PMFresh Pty Ltd (Colmslie Qld) and UWU Enterprise Agreement 2020. The application was made under section 234 of the Fair Work Act 2009, seeking changes to the agreement that would allow for a more flexible workforce. The respondent, UWU, opposed the application.

The primary legal issue before the Commission was whether the proposed changes to the enterprise agreement were in accordance with the objectives of the Fair Work Act. Specifically, the Commission had to determine whether the changes would facilitate a more adaptable workforce and whether they were necessary or appropriate in the circumstances. The Commission also had to consider whether the changes would have an adverse effect on the employees covered by the agreement.

In its decision, the Commission found that the proposed changes to the enterprise agreement were necessary to allow for a more flexible workforce and were in accordance with the objectives of the Fair Work Act. The Commission noted that the changes would enable PMFresh to respond more effectively to changes in the market and to better manage its operations. The Commission also found that the changes would not have an adverse effect on the employees covered by the agreement, as they would continue to be protected by the terms and conditions of the agreement. Based on these findings, the Commission granted the application and varied the enterprise agreement as requested by PMFresh.

The Fair Work Commission varied the PMFresh Pty Ltd (Colmslie Qld) and UWU Enterprise Agreement 2020 to allow for a more flexible workforce. The variation included changes to the provisions relating to work arrangements, including the introduction of casual loading for employees who work on a casual basis, and changes to the provisions relating to overtime and penalty rates. The variation also included changes to the provisions relating to leave, including the introduction of a flexible leave loading scheme. The variation is effective from the date of the decision and applies to all employees covered by the agreement.

PMFresh Pty Ltd T/A PMFresh

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established