PFD Food Services Pty Ltd

[2020] FWCA 839

[2020] FWCA 839

FAIR WORK COMMISSION

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

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Annexure A