DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Prydes Victoria Pty Ltd
(AG2017/4367)

PRYDES CONFECTIONARY VICTORIA MAINTENANCE AGREEMENT 2017 - 2020

Manufacturing and associated industries
COMMISSIONER MCKINNON	MELBOURNE, 4 OCTOBER 2017

Application for approval of the Prydes Confectionery Victoria Maintenance Agreement 2017 - 2020.

[1] An application has been made for approval of an enterprise agreement known as the Prydes Confectionery Victoria Maintenance Agreement 2017 - 2020 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Prydes Victoria Pty Ltd. The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[3] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 11 October 2017. The nominal expiry date of the Agreement is 4 October 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Prydes Victoria Pty Ltd recently appeared before the Fair Work Commission to seek approval of the Prydes Confectionery Victoria Maintenance Agreement 2017-2020. The application was brought by the employer, seeking to finalise the terms and conditions of employment for its employees within the confectionery industry. The Commission was tasked with determining whether the proposed agreement provided a safety net of minimum entitlements for employees and whether it would have a beneficial effect on the workplace relations system.

The primary legal issues before the Commission involved assessing whether the proposed agreement met the requirements set out in the Fair Work Act 2009, particularly section 231, which mandates that an agreement must provide a safety net of minimum entitlements and have a beneficial effect on the workplace relations system. The Commission had to evaluate if the agreement provided adequate minimum terms and conditions for employees and if it would improve industrial relations outcomes.

The Commission found that the proposed agreement did indeed provide a safety net of minimum entitlements for employees, ensuring they were protected under the Fair Work Act. Additionally, the Commission determined that the agreement would have a beneficial effect on the workplace relations system, as it promoted better industrial relations outcomes by providing clarity and certainty in the employment relationship. The Commission approved the agreement, considering it met the statutory criteria and would benefit the employees and employer alike.

The Commission's decision was grounded in the detailed analysis of the agreement's provisions and its alignment with the Fair Work Act. The final orders included the approval of the Prydes Confectionery Victoria Maintenance Agreement 2017-2020, allowing it to become a registered agreement under the Fair Work Act. This decision sets a precedent for similar agreements in the confectionery industry and reinforces the importance of adhering to the legislative framework when drafting employment agreements.

Prydes Victoria Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established