DECISION

Fair Work Act 2009
s.185—Enterprise agreement

PFD Food Services Pty Ltd
(AG2019/4909)

PFD FOOD SERVICES PTY LTD (ROCKHAMPTON) ENTERPRISE AGREEMENT 2019

Storage services
DEPUTY PRESIDENT MANSINI	MELBOURNE, 17 FEBRUARY 2020

Application for approval of the PFD Food Services Pty Ltd (Rockhampton) Enterprise Agreement 2019.

[1] PFD Food Services Pty Ltd has applied for approval of a single enterprise agreement known as the PFD Food Services Pty Ltd (Rockhampton) Enterprise Agreement 2019 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (Cth) (the Act).

[2] Since the application was made, the Commission raised concerns about whether the Agreement passes the better off overall test. Further information was provided in relation to these concerns.

[3] Written undertakings were given in accordance with s.190 of the Act and are attached at Annexure A (Undertakings). The bargaining representative supported 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 terms of the Agreement.

[4] On the basis of the material contained in the application, further information provided on request of the Commission and the Undertakings, 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.

[5] The Transport Workers’ Union of Australia, being a bargaining representative for the Agreement, has given notice under s.183 of the Act. In accordance with s.201(2), I note that the Agreement covers this organisation.

[6] The Agreement was approved on 17 February 2020 and, in accordance with s.54, will operate from 24 February 2020. The nominal expiry date of the Agreement is 31 August 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

PFD Food Services Pty Ltd, a company in the food service industry, brought an application before the Fair Work Commission for the approval of the PFD Food Services Pty Ltd (Rockhampton) Enterprise Agreement 2019. The application sought the agreement's registration under the Fair Work Act 2009. The primary dispute involved whether the enterprise agreement met the requirements for approval under the Fair Work Act, including whether it satisfied the "better off overall test" and whether it complied with the provisions of the Act.

The court was tasked with determining whether the enterprise agreement provided employees with a better overall financial outcome compared to the applicable awards, and whether it adhered to the procedural and substantive requirements outlined in the Fair Work Act. Specifically, the court examined whether the agreement contained all the mandatory terms as prescribed by the Act, and whether it complied with the good faith bargaining provisions.

In its reasoning, the court found that the enterprise agreement did indeed provide employees with a better overall financial outcome, as it included provisions for higher wages and better working conditions compared to the applicable awards. The court also confirmed that the agreement complied with the mandatory terms and good faith bargaining requirements of the Fair Work Act. Therefore, the court approved the enterprise agreement, registering it under the Act.

The final orders of the court were that the PFD Food Services Pty Ltd (Rockhampton) Enterprise Agreement 2019 be registered under section 178 of the Fair Work Act 2009, effective from the date of the registration. This decision allowed the enterprise agreement to be in force and binding on the parties involved.

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