PFD Food Services Pty Ltd

Case

[2024] FWCA 2608

12 JULY 2024


[2024] FWCA 2608

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

PFD Food Services Pty Ltd

(AG2024/2201)

PFD FOOD SERVICES (GRIFFITH & WAGGA) ENTERPRISE AGREEMENT 2024

Storage services industry

DEPUTY PRESIDENT WRIGHT

SYDNEY, 12 JULY 2024

Application for approval of the PFD Food Services (Griffith & Wagga) Enterprise Agreement 2024

Introduction

  1. PFD Food Services Pty Ltd (the Employer) has made an application for approval of an enterprise agreement known as the PFD Food Services (Griffith & Wagga) Enterprise Agreement 2024 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

Regulation 2.06 Requirements

  1. The signature page of the Agreement did not comply in all respects with Regulation 2.06A of the Fair Work Regulations 2009 (Cth). An amended signature page was subsequently filed. I consider it appropriate in the circumstances to allow an amendment of a document relating to a matter before the FWC and do so pursuant to s.586(a) of the Act.

Model Consultation Term

  1. The Agreement does not contain all of the requisite consultation terms, as required by s.205(1) of the Act. Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Regulations is taken to be a term of the Agreement. A copy of the Consultation term can be found in Appendix F.

Section 190 Undertakings

  1. The employer provided written undertakings. A copy of the undertakings is attached in Appendix E. 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. The undertakings are taken to be a term of the Agreement.

Section 186, 187, 188 and 190

  1. Subject to the undertakings referred to above, 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.

Approval

  1. The Agreement is approved and, in accordance with s.54 of the Act, will operate from 19 July 2024. The nominal expiry date of the Agreement is 30 June 2028.

DEPUTY PRESIDENT

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