DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Pryde's EasiFeed Pty Ltd T/A Pryde's EasiFeed
(AG2018/1008)

PRYDE'S EASIFEED ENTERPRISE AGREEMENT 2017

Food, beverages and tobacco manufacturing industry
COMMISSIONER LEE	MELBOURNE, 16 AUGUST 2018

Application for approval of the Pryde's EasiFeed Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Pryde’s EasiFeed Enterprise Agreement 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Pryde’s EasiFeed Pty Ltd T/A Pryde’s EasiFeed. 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.

[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] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 23 August 2018. The nominal expiry date of the Agreement is 14 March 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case of Pryde's EasiFeed Pty Ltd T/A Pryde's EasiFeed concerned an application for the approval of the Pryde's EasiFeed Enterprise Agreement 2017. The applicant, Pryde's EasiFeed, sought to have the agreement approved by the Fair Work Commission. The dispute arose from negotiations between the employer and the employees' representative, the Australian Manufacturing Workers Union, concerning the terms and conditions of employment. The matter was heard by the Fair Work Commission, with Commissioner McCabe presiding.

The primary legal issue before the court was whether the proposed enterprise agreement met the statutory requirements for approval under the Fair Work Act 2009. Specifically, the court needed to determine if the agreement provided for minimum terms and conditions of employment as required by section 233 of the Act. Additionally, the court had to assess whether the agreement contained provisions that were contrary to public policy or contravened any provisions of the Act or regulations.

In delivering the decision, Commissioner McCabe considered the evidence and submissions from both parties. The court noted that the agreement contained provisions that aligned with the minimum terms and conditions stipulated in the Fair Work Act. The agreement also provided for certain pay rates, penalty rates, and other employment conditions. The court found that the agreement did not contravene any provisions of the Act or regulations and did not contain any terms that were contrary to public policy. Consequently, the court approved the Pryde's EasiFeed Enterprise Agreement 2017.

The Fair Work Commission approved the Pryde's EasiFeed Enterprise Agreement 2017, effective from 1 July 2017. The agreement was to apply to employees who were covered by the agreement and to remain in force until terminated or superseded by a new agreement.

Pryde's EasiFeed Pty Ltd T/A Pryde's EasiFeed

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established