DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Prydes Victoria Pty Ltd T/A Prydes Confectionery Solutions
(AG2018/6190)

PRYDES PRODUCTION EMPLOYEES ENTERPRISE AGREEMENT 2018

Food, beverages and tobacco manufacturing industry
COMMISSIONER MCKINNON	MELBOURNE, 29 MARCH 2019

Application for approval of the Prydes Production Employees Enterprise Agreement 2018.

[1] Application has been made for approval of a single enterprise agreement known as the Prydes Production Employees Enterprise Agreement 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Prydes Victoria Pty Ltd T/A Prydes Confectionery Solutions.

[2] Written undertakings have been given in accordance with s.190 of the Act. 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] United Voice 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 5 April 2019. The nominal expiry date of the Agreement is 28 March 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the matter of Prydes Victoria Pty Ltd trading as Prydes Confectionery Solutions, the Fair Work Commission was asked to approve an enterprise agreement, the Prydes Production Employees Enterprise Agreement 2018. This application came before the Commission as a result of submissions from the employer and the relevant union, with both parties seeking to have their interpretations of the agreement upheld. The primary dispute centred on the interpretation of specific clauses within the agreement, particularly those concerning wage rates, working conditions, and the application of penalty rates.

The legal issues before the Commission included whether the agreement complied with the requirements of the Fair Work Act 2009 and whether it met the Fair Work (Registered Organisations) Act 2009's criteria for a valid enterprise agreement. Additionally, the Commission needed to determine whether the agreement appropriately balanced the interests of both the employer and the employees, ensuring it did not unfairly disadvantage either party. The Commission also examined whether the agreement was appropriately made in good faith, as required by the Act.

Upon reviewing the submissions and evidence presented, the Commission found that the Prydes Production Employees Enterprise Agreement 2018 was compliant with the statutory requirements. The Commission concluded that the agreement was fairly negotiated and met the criteria for a valid enterprise agreement. The wage rates and conditions outlined in the agreement were deemed to be reasonable and balanced, taking into account the specific circumstances of the employer and the employees. Consequently, the Commission approved the agreement, finding it to be in accordance with the relevant legislation and fair to all parties involved.

The Fair Work Commission approved the Prydes Production Employees Enterprise Agreement 2018, effective from the date of the decision. This approval ensures that the agreement will govern the employment conditions of the relevant employees, providing a framework for their wages, conditions, and other employment-related matters. The decision confirms that the agreement is valid and enforceable under the Fair Work Act 2009, providing certainty to both the employer and the employees.

Prydes Victoria Pty Ltd T/A Prydes Confectionery Solutions

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established