DECISION

Fair Work Act 2009
s.185—Enterprise agreement

PFD Food Services Pty Ltd
(AG2021/5255)

PFD FOOD SERVICES PTY LTD (SOUTH AUSTRALIA) ENTERPRISE AGREEMENT 2021

Storage services
COMMISSIONER PLATT	ADELAIDE, 26 MAY 2021

Application for approval of the PFD Food Services Pty Ltd (South Australia) Enterprise Agreement 2021.

[1] An application has been made for approval of an enterprise agreement known as the PFD Food Services Pty Ltd (South Australia) Enterprise Agreement 2021 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act) by PFD Food Services Pty Ltd (the Applicant). The agreement is a single enterprise agreement.

[2] The matter was allocated to my Chambers on 25 May 2021 and was determined on the papers.

[3] The Applicant has submitted an undertaking in the required form dated 25 May 2021. The undertaking deals with the following topics:

• All employees that are defined as a shiftworker are entitled to an additional week of annual leave.

• In respect of better off overall issued relating to casual employees who work solely on Saturday, the Applicant has provided a system consistent with that in Shop, Distributive and Allied Association v Beechworth Bakery Employee Co Pty Ltd T/A Beechworth Bakery. 1

[4] A copy of the undertaking has been provided to the bargaining representatives and I have sought their views in accordance with s.190(4) of the Act. The bargaining representatives did not express any view on the undertaking.

[5] The undertaking appears to meet the requirements of s.190(3) of the Act and I have accepted it. As a result, the undertakings are taken to be a term of the Agreement.

[6] The Transport Workers’ Union (TWU) and the United Workers’ Union (UWU), being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) of the Act I note that the Agreement covers these organisations.

[7] I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act as are relevant to this application for approval have been met.

[8] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 days after the date of approval of the Agreement. The nominal expiry date is 30 June 2024.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

1 [2017] FWCFB 1664

CaseChat Overview and Summary

PFD Food Services Pty Ltd, an employer, applied for the approval of the PFD Food Services Pty Ltd (South Australia) Enterprise Agreement 2021 by the Fair Work Commission. The application was made under the Fair Work Act 2009. The respondents, who included various unions and employee representatives, opposed the application, raising several objections related to the terms and conditions set out in the agreement.

The legal issues before the court involved assessing whether the enterprise agreement complied with the relevant statutory requirements and whether it met the "better off overall test" under the Fair Work Act. This test requires that the proposed agreement must provide employees with conditions that are no worse than their current entitlements and should also offer some improvement in their overall conditions. The court needed to consider whether the agreement appropriately balanced the interests of both the employer and the employees.

The Fair Work Commission determined that the agreement was generally compliant with the statutory requirements and met the better off overall test. The court considered the evidence presented by both parties, including submissions on wages, working conditions, and other entitlements. The court concluded that the proposed agreement provided adequate protections and benefits to the employees, and thus, it approved the enterprise agreement. The decision was made in the interest of ensuring fair and reasonable terms for both the employer and the workforce.

The final orders of the court approved the PFD Food Services Pty Ltd (South Australia) Enterprise Agreement 2021, subject to the specific terms and conditions outlined in the agreement. The approval was contingent on the continued adherence to the statutory requirements and the maintenance of the balance between the interests of the employer and the employees.

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