PFD Food Services Pty Ltd Summary

[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

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

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

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

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

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

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

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved PFD Food Services Pty Ltd, an applicant, seeking approval of a proposed enterprise agreement, the PFD Food Services (Griffith & Wagga) Enterprise Agreement 2024. The application was heard in the Fair Work Commission, which is responsible for resolving disputes regarding workplace relations and employment agreements. The primary concern was whether the proposed agreement complied with the relevant provisions of the Fair Work Act 2009, including the requirement that it be a "better-off overall test" (BOOT) agreement, providing employees with no less than the applicable award or registered agreement.

The legal issues before the commission were whether the proposed agreement met the legal standards for approval, particularly the BOOT requirement. The commission had to assess if the agreement provided employees with benefits that were at least as good as those they would receive under the applicable awards or registered agreements. Additionally, the commission examined if the agreement contained provisions that were fair and reasonable in all circumstances, and whether it complied with procedural requirements, including proper notice and opportunity for consultation.

In determining the matter, the commission considered various submissions from the applicant and the relevant union. The commission concluded that the proposed agreement did indeed provide employees with benefits that were at least as good as those they would receive under the applicable awards or registered agreements. Furthermore, the commission found that the agreement contained provisions that were fair and reasonable, and that the process for consultation had been adequately followed. As a result, the commission approved the PFD Food Services (Griffith & Wagga) Enterprise Agreement 2024, finding it to be compliant with the requirements of the Fair Work Act 2009.

The final orders of the commission included the approval of the PFD Food Services (Griffith & Wagga) Enterprise Agreement 2024, effective from the date of the decision. The commission directed that the agreement be registered with the Fair Work Commission and that it be given effect in accordance with its terms. The decision also included provisions for the continuation of the agreement until superseded by a new agreement or until terminated in accordance with its provisions.

PFD Food Services Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established