Priestley's Gourmet Delights Pty. Ltd. T/A Priestley's Gourmet Delight

[2023] FWCA 1302

[2023] FWCA 1302

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Priestley's Gourmet Delights Pty. Ltd. T/A Priestley's Gourmet Delight

(AG2023/1021)

PRIESTLEY'S GOURMET DELIGHTS AND UNITED WORKERS UNION ENTERPRISE AGREEMENT 2023

Food, beverages and tobacco manufacturing industry
COMMISSIONER LEE	MELBOURNE, 8 MAY 2023

Application for approval of the Priestley's Gourmet Delights and United Workers Union Enterprise Agreement 2023

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 2023 (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 Pty. Ltd. T/A Priestley’s Gourmet Delight. The Agreement is a single enterprise agreement.

1. 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.

1. 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.

1. The application was not lodged within 14 days after the agreement was made. Pursuant to s.185(3)(b), in all the circumstances I consider it fair to extend the time for making the application to the date it was actually made.

1. Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

1. 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.

1. I observe that the following provisions are likely to be inconsistent with the National Employment Standards (NES):

·   Clause 29.3(c)(iii) – Taking paid annual leave

·   Clause 34.3(d) – Payment for absence on public holidays

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.

1. The Agreement is approved and, in accordance with s.54 of the Act, will operate from 12 July 2023. The nominal expiry date of the Agreement is 31 December 2024.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

<AE519941  PR761699>

Annexure A