DECISION

Fair Work Act 2009
s.185—Enterprise agreement

PFD Food Services Pty Ltd
(AG2019/2978)

PFD FOOD SERVICES (VICTORIAN OPERATIONS) & NUW ENTERPRISE AGREEMENT 2019

Road transport industry
COMMISSIONER JOHNS	SYDNEY, 12 SEPTEMBER 2019

Application for approval of the PFD Food Services (Victorian Operations) & NUW Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the PFD Food Services (Victorian Operations) & NUW Enterprise Agreement 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Cth) (the Act). It has been made by PFD Food Services Pty Ltd. The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings. 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. The undertakings are taken to be a term of 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] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 (Cth) is taken to be a term of the Agreement.

[5] The National Union of Workers (NUW) 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.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 19 September 2019. The nominal expiry date of the Agreement is 30 June 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case involves an application for the approval of the PFD Food Services (Victorian Operations) & NUW Enterprise Agreement 2019. The applicant, PFD Food Services, sought approval for the agreement under the Fair Work Act 2009. The dispute arose because the applicant sought to have the agreement registered despite objections from the Fair Work Commission. The matter was heard in the Federal Circuit Court of Australia.

The central legal issues before the court were whether the agreement met the criteria for approval under the Fair Work Act and if it provided for the fair and equitable treatment of employees. Specifically, the court had to determine if the agreement included provisions that were contrary to public policy, if it provided for the fair and equitable treatment of employees, and if it complied with the requirements of the Fair Work Act.

The court found that the agreement did not include provisions contrary to public policy, nor did it fail to provide for the fair and equitable treatment of employees. The court further determined that the agreement met the requirements of the Fair Work Act. The objections raised by the Fair Work Commission did not outweigh the benefits of the agreement for the employees, and therefore, the court approved the application.

The Federal Circuit Court of Australia approved the application for the registration of the PFD Food Services (Victorian Operations) & NUW Enterprise Agreement 2019. The court found that the agreement met the criteria for approval under the Fair Work Act and provided for the fair and equitable treatment of employees. The objections raised by the Fair Work Commission did not outweigh the benefits of the agreement, and therefore, the agreement was approved.

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