PFD Food Services Pty Ltd
[2025] FWCA 494
•7 FEBRUARY 2025
| [2025] FWCA 494 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
PFD Food Services Pty Ltd
(AG2025/44)
PFD FOOD SERVICES (NSW FRESH SEAFOOD) ENTERPRISE AGREEMENT 2024
| Seafood processing | |
| COMMISSIONER SLOAN | SYDNEY, 7 FEBRUARY 2025 |
Application for approval of the PFD Food Services (NSW Fresh Seafood) Enterprise Agreement 2024
PFD Food Services Pty Ltd has applied for approval of an enterprise agreement known as the PFD Food Services (NSW Fresh Seafood) Enterprise Agreement 2024 (“Agreement”). The application is made under s 185 of the Fair Work Act 2009 (“Act”). The Agreement is a single enterprise agreement.
The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. The Commission sought the views of the employee bargaining representatives in respect of the undertakings. I am satisfied that the undertakings are not likely to cause financial detriment to any employee covered by the Agreement or to result in substantial changes to the Agreement.
Pursuant to s 190(3) of the Act, I accept the undertakings. They are taken to be a term of the Agreement.
The notice of employee representational rights that PFD provided to its employees did not conform to the requirements of s 174 of the Act. Rather, it appears to be based on a superseded version of the prescribed form. However, I consider this to be a minor procedural or technical error of the nature contemplated by s 188(5) of the Act. I am satisfied that the employees are not likely to have been disadvantaged by the error. As a result, I will disregard it.
Clause 6.5 of the Agreement is titled “Compassionate Leave”. On its terms, it does not refer to compassionate leave being available in the event that a child is stillborn child or where the employee or their partner or spouse has a miscarriage as set out in s 104(1)(b) and (c) of the Act. It also it requires an application for leave to be supported by evidence “to the satisfaction of the employer”, where s 107(3) of the Act requires evidence that would satisfy a reasonable person.
However, clause 1.8(c) of the Agreement provides that where there is an inconsistency between the Agreement and the National Employment Standards, and the NES provides a greater benefit to employees, the NES will prevail to the extent of the inconsistency. This should ensure that clause 6.5 is not applied in a manner contrary to the NES. In raising the issue, it is my intention to ensure that this is the case
Having regard to the undertakings and the material in the application and accompanying declaration, I am satisfied that each of the requirements of ss 186, 187, 188 and 190 of the Act as are relevant to the application for approval have been met.
The Agreement is approved. In accordance with s 54 of the Act, the Agreement will operate from 14 February 2025. The nominal expiry date of the Agreement is 30 June 2027.
COMMISSIONER
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Annexure A
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