PFD Food Services Pty Ltd

[2018] FWCA 7694

[2018] FWCA 7694

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

PFD Food Services Pty Ltd
(AG2018/4646)

PFD FOOD SERVICES (SOUTH AUSTRALIA) ENTERPRISE AGREEMENT 2018

Food, beverages and tobacco manufacturing industry
COMMISSIONER PLATT	ADELAIDE, 20 DECEMBER 2018

Application for approval of the PFD Food Services Pty Ltd (South Australia) Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the PFD Food Services Pty Ltd (South Australia) Enterprise Agreement 2018 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act) by PFD Food Services Pty Ltd. The agreement is a single enterprise agreement.

[2] The matter was allocated to my Chambers on 5 December 2018.

[3] On 13 December 2018, I conducted a telephone conference with the parties to seek clarification about aspects of the Agreement and invited the Respondent to address these matters including the provision of an undertaking.

[4] The Applicant has submitted an undertaking in the required form dated 18 December 2018. The undertaking deals with the following topics:

•  Clause 5.4(b) is amended as follows:

“For each employee working ordinary hours on a weekend, they will conduct a reconciliation, every week to establish what the employees are paid under the Agreement when compared to what they would have earned under the relevant Award. If found that the amount under the relevant Award exceeds the amount paid, the employee will be paid the difference, in the next pay period, plus an additional 1.00% of the difference as compensation. This is in addition to the rates payable as per clause 5.2(c) and clause 5.4(a).”

•  The Employer undertakes that they will conduct a reconciliation on hours of work, allowances paid, breaks provided, overtime worked and shift work every week to establish what the employees are paid under the Agreement when compared to what would have been paid under the relevant Award. If found to have been paid lower, the employee will be back paid for the difference between wages payable under the relevant award and wages paid under the Agreement in the next pay period, plus an additional 1.00% of the difference as compensation.”

[5] A copy of the undertaking has been provided to the bargaining representatives and I have sought their views in accordance with s.190(4) of the Act. The bargaining representatives that responded, supported the undertaking.

[6] The undertaking appears to meet the requirements of s.190(3) of the Act and I have accepted it. As a result, the undertakings are taken to be a term of the Agreement.

[7] The “National Union of Workers”, 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) of the Act I note that the Agreement covers this organisation.

[8] I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act as are relevant to this application for approval have been met.

[9] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 days from the date of approval of the Agreement. The nominal expiry date is 30 April 2021.

COMMISSIONER

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