PMFresh Pty Ltd Summary

[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

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.

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.

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.

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.

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.

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

Annexure A

CaseChat Overview and Summary

PMFresh Pty Ltd, an employer, and the United Workers Union, a trade union, sought approval of the PMFresh Pty Ltd Broadmeadows (Vic) and United Workers Union Enterprise Agreement 2022. The matter was heard by the Fair Work Commission (FWC). The FWC was required to decide whether the agreement met the requirements of section 230 of the Fair Work Act 2009 (Cth). The FWC was required to consider whether the agreement was in the interests of the employees and whether it provided for the terms and conditions of employment of the employees in a manner that was fair and reasonable.

The FWC found that the agreement met the requirements of section 230 of the Fair Work Act 2009 (Cth). The FWC found that the agreement was in the interests of the employees and provided for the terms and conditions of employment of the employees in a manner that was fair and reasonable. The FWC found that the agreement provided for a minimum rate of pay, overtime rates, penalty rates, allowances, leave entitlements, and other benefits that were fair and reasonable. The FWC found that the agreement provided for a process for resolving disputes and grievances and provided for the rights and obligations of the employer and the employees. The FWC found that the agreement provided for the protection of the employees' health and safety and provided for the training and development of the employees. The FWC found that the agreement provided for the protection of the employees' rights and interests and provided for the promotion of the employees' welfare and interests. The FWC found that the agreement provided for the protection of the employees' rights and interests and provided for the promotion of the employees' welfare and interests.

The FWC approved the agreement. The FWC made an order approving the agreement. The order was to be registered by the FWC and the agreement was to come into effect on the date of registration. The FWC made an order that the agreement was to be binding on the employer, the employees, and the union. The FWC made an order that the agreement was to be registered by the FWC and the agreement was to come into effect on the date of registration. The FWC made an order that the agreement was to be binding on the employer, the employees, and the union.

PMFresh Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established