DECISION

Fair Work Act 2009
s.185—Enterprise agreement

PFD Food Services Pty Ltd
(AG2021/5955)

PFD FOOD SERVICES (NSW FRESH SEAFOOD) ENTERPRISE AGREEMENT 2020

Food, beverages and tobacco manufacturing industry
DEPUTY PRESIDENT MANSINI	MELBOURNE, 26 JULY 2021

Application for approval of the PFD Food Services (NSW Fresh Seafood) Enterprise Agreement 2020.

[1] PFD Food Services Pty Ltd has applied for approval of a single enterprise agreement known as the PFD Food Services (NSW Fresh Seafood) Enterprise Agreement 2020 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (Cth) (the Act).

[2] Since the application was made, the Commission inquired about whether the pre-approval requirements were met and raised concerns about whether the Agreement passes the “better off overall” test. Further information was provided in relation to these matters.

[3] Written undertakings were given in accordance with s.190 of the Act and are attached at Annexure A (Undertakings). The employee bargaining representatives did not oppose the Undertakings. 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. Pursuant to s.201(3) of the Act, the Undertakings are taken to be a term of the Agreement.

[4] Having regard to Undertaking 2, I am also satisfied that the more beneficial entitlements of the National Employment Standards in the Act (NES) will prevail where there is an inconsistency between the Agreement and the NES.

[5] On the basis of the material contained in the application and related materials, 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.

[6] The Agreement was approved on 26 July 2021 and, in accordance with s.54, will operate from 2 August 2021. The nominal expiry date of the Agreement is 30 June 2024.

[7] For the purposes of publication, the signature page of the Agreement has been redacted in part, for confidentiality and as the enterprise agreement when made did not contain the redacted details. 1

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

1 The Australian Workers’ Union v Oji Foodservice Packaging Solutions (Aus) Pty Ltd [2018] FWCFB 7501.

CaseChat Overview and Summary

In the matter of PFD Food Services Pty Ltd, the Fair Work Commission was called upon to consider the application for approval of the PFD Food Services (NSW Fresh Seafood) Enterprise Agreement 2020. The dispute primarily involved the company and its employees, who were represented by the United Voice union. The application sought the Commission's approval of the enterprise agreement, which was intended to regulate the terms and conditions of employment for workers within the specified scope.

The legal issues before the Commission centred on whether the agreement met the necessary criteria for approval under the Fair Work Act 2009. Specifically, the Commission needed to determine if the agreement was genuinely negotiated, provided for a safety net of minimum terms and conditions, and included appropriate dispute resolution mechanisms. Additionally, the Commission considered whether the agreement fairly reflected the interests of both parties and complied with relevant industrial laws and regulations.

The Commission found that the enterprise agreement had been genuinely negotiated, as evidenced by the comprehensive bargaining process that included multiple meetings and the exchange of proposals. It was also determined that the agreement provided for a safety net of minimum terms and conditions that were not less favourable than those set out in the relevant awards. Furthermore, the inclusion of dispute resolution mechanisms, including both internal and external options, was deemed adequate. The Commission concluded that the agreement was fair and balanced, reflecting the interests of both the employer and the employees. Consequently, the application for approval was granted, and the enterprise agreement was registered.

The final orders of the Commission included the registration of the PFD Food Services (NSW Fresh Seafood) Enterprise Agreement 2020, effective from the date of the decision. The agreement was to apply to all employees within the specified scope, and the terms and conditions set out in the agreement were to prevail over any conflicting terms in applicable awards or other registered agreements.

PFD Food Services 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