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

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case involved PFD Food Services Pty Ltd, which sought approval of the PFD Fresh To Go (Victorian Drivers) Enterprise Agreement 2018. The application was made to the Fair Work Commission under the Fair Work Act 2009. The dispute centred on whether the agreement met the requirements for modern awards and if it was made in good faith and without coercion.

The central legal issues before the Commission were whether the agreement complied with the procedural and substantive requirements of the Fair Work Act, including the modern awards and whether it was made in good faith. Additionally, the Commission had to consider if the agreement adequately covered all the terms and conditions of employment for the drivers and if it was appropriate given the circumstances.

The Commission found that the agreement met the procedural requirements and was made in good faith. It was determined that the agreement appropriately reflected the modern awards and was not disadvantageous to the drivers. The Commission emphasised the importance of good faith bargaining and the need for agreements to be fair and reasonable. The evidence showed that the agreement was the result of proper consultation and negotiation between the parties, and it adequately covered all the terms and conditions of employment.

Consequently, the Fair Work Commission approved the PFD Fresh To Go (Victorian Drivers) Enterprise Agreement 2018. The decision underscored the importance of ensuring that enterprise agreements are made in good faith, comply with legislative requirements, and appropriately reflect the modern awards.

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