Priestley's Gourmet Delights Pty Ltd Trading AS Priestley's Gourmet Delights

[2025] FWCA 892

[2025] FWCA 892

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Priestley’s Gourmet Delights Pty Ltd Trading AS Priestley’s Gourmet Delights

(AG2025/388)

PRIESTLEY’S GOURMET DELIGHTS AND UNITED WORKERS UNION ENTERPRISE AGREEMENT 2025

Food, beverages and tobacco manufacturing industry
DEPUTY PRESIDENT DOBSON	BRISBANE, 12 MARCH 2025

Application for approval of the Priestley’s Gourmet Delights and United Workers Union Enterprise Agreement 2025

1. This decision deals with an application made for approval of an enterprise agreement known as the Priestley’s Gourmet Delights and United Workers Union Enterprise Agreement 2025 (the Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Priestley’s Gourmet Delights Pty Ltd (the Applicant). The Agreement is a single-enterprise agreement. 

1. The Notice of Employee Representational Rights (NERR) distributed to employees appears to have a different name for the Agreement to that which was eventually made. However, I am satisfied that the Agreement would have been genuinely agreed to but for the minor procedural departure from the prescribed form requirements of the NERR under s.174(1A) of the Act and that the employees covered by the Agreement were not likely to have been disadvantaged by this. Accordingly, I exercise the discretion conferred by s.188(5) of the Act.[1]

1. The Employer has raised the following issues with the Agreement, which it asserts to be obvious errors, defects or irregularities:

·Page 3 – Correction to Clause 19 title reference. Track changes had not been removed.

·Page 6 – Removal of blank page.

·Page 18 – Correction to Clause 17.3 formatting which resulted in it appearing squashed into one line in first version of the PDF printed and distributed.

·Page 20 – Adjustment to spacing to remove blank page.

·Page 33 – Space inserted at Clause 25.3(c) to correct “to,family” to “to, family”.

·Page 34 – Spelling corrected in Clause 25.5(a) from “ovetime” to “overtime”.

·Page 38 – Space inserted at Clause 29.4 to correct “periodto” to “period to”.

·Page 41 – Formatting condensed to remove blank page.

·Page 45 – Space inserted at Clause 39 to correct “tofreedom” to “to freedom”.

·Pages 46 and 48 – Hyperlinks to the Act removed.

·Page 49 – Blank page removed.

·Page 54 – Formatting adjusted to ensure words not cut off and correction of spelling mistakes.

The Employer has provided an updated copy of the Agreement which corrected this error. The views of bargaining representatives are supportive of these assertions and their history. I am satisfied that these issues each constitute an obvious error, defect, or irregularity and I will amend the Agreement accordingly pursuant to s.218A of the Act.

1. On the basis of the material contained in the application and accompanying declarations, having regard to the Statement of Principles,[2] I am satisfied that each requirement of ss.186, 187 and 188 as are relevant to this application for approval have been met.

1. The Agreement does not contain a model flexibility term compliant with the Act. 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 Agreement does not contain a model consultation term compliant with the Act. Pursuant to section 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.

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

·Clause 33 – Family and domestic violence leave.

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 United Workers Union (UWU) lodged a Form F18 statutory declaration giving notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) of the Act, I note the Agreement covers the UWU.

1. The Agreement is approved and will operate in accordance with s.54 of the Act, from 19 March 2025. The nominal expiry date of the Agreement is 31 December 2027.

DEPUTY PRESIDENT

[1] Huntsman Chemical Company Australia Pty Limited T/A RMAX Rigid Cellular Plastics & Others[2019] FWCFB 318 [117].

[2] Fair Work (Statement of Principles on Genuine Agreement) Instrument 2023.

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<AE528328  PR785146>