PFD Food Services Pty Ltd

[2019] FWCA 783

[2019] FWCA 783

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

PFD Food Services Pty Ltd
(AG2018/5286)

PFD FRESH TO GO (VICTORIAN DRIVERS) ENTERPRISE AGREEMENT 2018

Road transport industry
COMMISSIONER BISSETT	MELBOURNE, 8 FEBRUARY 2019

Application for approval of the PFD Fresh To Go (Victorian Drivers) Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the PFD Fresh To Go (Victorian Drivers) Enterprise Agreement 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (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.

[3] Pursuant to subsection 190(3) of the Act, I accept the Undertakings.

[4] Subject to 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 and National Union of Workers 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) I note that the Agreement covers the organisations.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 15 February 2019. The nominal expiry date of the Agreement is 1 August 2021.

COMMISSIONER

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Annexure A