PFD Food Services Pty Ltd

[2015] FWCA 4316

[2015] FWCA 4316

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.225—Enterprise agreement

PFD Food Services Pty Ltd
(AG2015/3138)

PFD FOOD SERVICES PTY LTD (STH NSW) ENTERPRISE AGREEMENT 2010

Storage services
COMMISSIONER ROE	MELBOURNE, 26 JUNE 2015

Application for termination of the PFD Food Services Pty Ltd (Sth NSW) Enterprise Agreement 2010.

[1] The Application to terminate this Agreement has been made by the employer covered by the Agreement, PFD Food Services Pty Ltd (Sth NSW) Enterprise Agreement 2010. The nominal expiry date of the Agreement is 30 June 2013 and I am satisfied that it is passed.

[2] I am satisfied by the Statutory Declaration provided by the employer that the work sites at Batemans Bay and Bega have been closed. The coverage of the Agreement is restricted in Clause 1.6 to those “who are employed by the Company at or from its branch located in Bega and Bateman’s Bay”. Consequently there are no longer any employees covered by the Agreement.

[3] There is no union covered by the Agreement and no employees whose views may be considered.

[4] In having regard to the requirements of s.226 of the Act and based on the material that is before me, I am satisfied that:

• no employees are disadvantaged; and



• there is administrative efficiency for the employer which would be achieved by the termination of the Agreement; and



• the site closures mean that it is unlikely that new employees will be engaged by the company to perform work covered by the Agreement and hence there is no disadvantage or undermining of collective bargaining; and



• it is not contrary to the public interest to terminate the Agreement; and



• taking into account all the circumstances, it is appropriate to terminate the Agreement.

[5] The termination shall operate from today’s date.

COMMISSIONER

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