| [2024] FWCA 3117 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
PFD Food Services Pty Ltd
(AG2024/2704)
PFD FOOD SERVICES PTY LTD (SOUTH AUSTRALIA) ENTERPRISE AGREEMENT 2024
| Storage services | |
| DEPUTY PRESIDENT SAUNDERS | NEWCASTLE, 27 AUGUST 2024 |
Application for approval of the PFD Food Services Pty Ltd (South Australia) Enterprise Agreement 2024
An application has been made for approval of an enterprise agreement known as the PFD Food Services Pty Ltd (South Australia) Enterprise Agreement 2024 (Agreement). The application was made pursuant to section 185 of the Fair Work Act 2009 (Act). The Agreement is a single enterprise agreement.
The Employer has provided written undertakings (Undertakings). A copy of the Undertakings is attached in Annexure A to this decision. I am satisfied that the effect of accepting the Undertakings is not likely to:
(a) cause financial detriment to any employee covered by the Agreement; or
(b) result in substantial changes to the Agreement.
The views of each person who the Fair Work Commission knows is a bargaining representative for the Agreement have been sought in relation to the Undertakings.
Pursuant to subsection 190(3) of the Act, I accept the Undertakings. The Undertakings are taken to be a term of the Agreement.
Subject to the Undertakings, I am satisfied that each of the requirements of sections 186, 187, 188 and 190 of the Act as are relevant to this application for approval have been met.
The Agreement is approved and, in accordance with section 54 of the Act, will operate from 3 September 2024. The nominal expiry date of the Agreement is 30 June 2027.
The Transport Workers’ Union of Australia, being a bargaining representative for the Agreement, has given notice to the Fair Work Commission that it wants the Agreement to cover it. In accordance with s 201(2) of the Act, I note that the Agreement covers the Transport Workers’ Union of Australia.
The United Workers’ Union, being a bargaining representative for the Agreement, has given notice to the Fair Work Commission that it wants the Agreement to cover it. In accordance with s 201(2) of the Act, I note that the Agreement covers the United Workers’ Union.
DEPUTY PRESIDENT
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Annexure A
- AGLC
- PFD Food Services Pty Ltd [2024] FWCA 3117
- Case
- [2024] FWCA 3117
- Decision Date
CaseChat Overview and Summary
The court examined the agreement in detail, considering various factors such as the bargaining power of the parties, the nature of the employment, and the provisions of the agreement itself. The court noted that the agreement provided for a reasonable balance of interests between the employer and employees, including provisions for wages, hours of work, and other employment conditions. The court also found that the agreement complied with the relevant provisions of the Fair Work Act. Based on these findings, the court concluded that the agreement was fair and reasonable and approved it.
The Fair Work Commission approved the PFD Food Services Pty Ltd (South Australia) Enterprise Agreement 2024, finding that it met the statutory requirements for being considered fair and reasonable. The agreement will now regulate the terms and conditions of employment for workers in South Australia for the year 2024. The decision provides clarity for both the employer and employees and ensures that the agreement complies with the relevant provisions of the Fair Work Act.
Orders
Orders of the court
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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