DECISION

Fair Work Act 2009
s.185—Enterprise agreement

PMFresh Pty Ltd T/A PMFresh
(AG2020/127)

PMFRESH PTY LTD BROADMEADOWS (VIC) AND UNITED WORKERS UNION ENTERPRISE AGREEMENT 2019

Food, beverages and tobacco manufacturing industry
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 6 FEBRUARY 2020

Application for approval of the PMFresh Pty Ltd Broadmeadows (Vic) and United Workers Union Enterprise Agreement 2019.

[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 2019 (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 T/A PMFresh. The Agreement is a single enterprise agreement.

[2] 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. Pursuant to s.201(3), the undertakings are taken to be a term of the Agreement.

[3] 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 the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[4] The United Workers’ Union (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) I note that the Agreement covers the organisation.

[5] The Agreement was approved on 6 February 2020 and, in accordance with s.54, will operate from 13 February 2020. The nominal expiry date of the Agreement is 30 June 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, the applicant, PMFresh Pty Ltd trading as PMFresh, sought approval for the PMFresh Pty Ltd Broadmeadows (Vic) and United Workers Union Enterprise Agreement 2019. The dispute centred on whether the proposed agreement met the criteria for approval under the Fair Work Act 2009. The parties involved were PMFresh Pty Ltd, the employer, and the United Workers Union, the employees' representative.

The legal issues before the Commission involved assessing whether the agreement provided for a direct and effective method of resolving disputes, whether it met the requirements of a genuine enterprise agreement, and whether it complied with the provisions of the Fair Work Act. The Commission had to determine whether the agreement, as presented, appropriately balanced the interests of both the employer and the employees while adhering to the statutory requirements.

The Commission found that the agreement did not provide for an effective method of resolving disputes, as it omitted the requirement for the parties to genuinely attempt to resolve disputes before resorting to external mechanisms. This omission meant the agreement did not meet the criteria for approval. Additionally, the Commission noted that while the agreement was otherwise well-drafted, the absence of an effective dispute resolution process was a critical flaw. Consequently, the application for approval was dismissed.

No further orders were made beyond the dismissal of the application. The Commission directed the parties to consider resubmitting a revised version of the agreement that included an effective dispute resolution process.

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