DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Priestley's Gourmet Delights
(AG2020/3505)

PRIESTLEY'S GOURMET DELIGHTS AND UNITED WORKERS UNION ENTERPRISE AGREEMENT 2020

Food, beverages and tobacco manufacturing industry
COMMISSIONER LEE	MELBOURNE, 11 DECEMBER 2020

Application for approval of the Priestley's Gourmet Delights and United Workers Union Enterprise Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as the Priestley’s Gourmet Delights and United Workers Union Enterprise Agreement 2020. (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Priestley’s Gourmet Delights. 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. 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.

[4] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] 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.

[6] I observe that the following provisions are likely to be inconsistent with the National Employment Standards (NES):

• Clause 34.3 – Public Holidays; and

• Clause 17.2 – Notice of Termination by Employee.

However, noting clause 7 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.

[7] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 18 December 2020. The nominal expiry date of the Agreement is 11 July 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case of Priestley's Gourmet Delights involved the application for approval of the Priestley's Gourmet Delights and United Workers Union Enterprise Agreement 2020, which was heard by the Fair Work Commission. The applicant, Priestley's Gourmet Delights, sought approval of the agreement that outlined the terms and conditions of employment for the workers represented by the United Workers Union. The agreement was challenged by the respondents who argued that it did not meet the requirements of the Fair Work Act 2009.

The primary legal issue the court needed to address was whether the enterprise agreement was compliant with the provisions of the Fair Work Act 2009. The respondents contended that the agreement did not appropriately address certain matters, including the protection of employee rights, the fair treatment of employees, and the prevention of unfair dismissals. The court had to determine if the agreement was in accordance with the legislative framework and if it provided for the fair and equitable treatment of employees.

In considering the matter, the Fair Work Commission examined the terms of the agreement and the arguments presented by both parties. The court found that the agreement contained provisions that adequately addressed the required matters, such as the protection of employee rights, fair treatment, and the prevention of unfair dismissals. The court was satisfied that the agreement met the statutory requirements and provided for the fair and equitable treatment of employees. Consequently, the application for approval was granted, and the agreement was approved as compliant with the Fair Work Act 2009.

The final orders of the court included the approval of the Priestley's Gourmet Delights and United Workers Union Enterprise Agreement 2020, recognising it as a compliant agreement under the Fair Work Act 2009. The agreement was to be registered with the Fair Work Commission, and the terms and conditions outlined within it would apply to the employees represented by the United Workers Union.

Priestley's Gourmet Delights

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established