PFD Food Services Pty Ltd Summary

[2022] FWCA 3013

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

PFD Food Services Pty Ltd

(AG2022/3431)

PFD Food Services (Victorian Operations) & UWUEnterprise Agreement 2022

Storage services
DEPUTY PRESIDENT MILLHOUSE	MELBOURNE, 31 AUGUST 2022

Application for approval of the PFD Food Services (Victorian Operations) & UWU Enterprise Agreement 2022

An application has been made for approval of an enterprise agreement known as the PFD Food Services (Victorian Operations) & UWU Enterprise Agreement 2022 (Agreement). The application was made pursuant to s 185 of the Fair Work Act 2009 (Act). It has been made by PFD Food Services Pty Ltd (Employer). The Agreement is a single enterprise agreement.

The Employer has provided a written undertaking. A copy of the undertaking is attached in Annexure A. I am satisfied that the undertaking will not cause financial detriment to any employee covered by the Agreement and that the undertaking will not result in substantial changes to the Agreement. The undertaking is taken to be a term of the Agreement.

Subject to the undertaking 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.

Clause 6.9(d)(ii) states the employer and employees may agree to substitute another day for any prescribed in the clause. For this purpose, the consent of the majority of affected employees shall constitute agreement. However, s 115(3) of the Act provides for substitution by way of agreement with a singular employee only. It follows that cl 6.9(d)(ii) is likely to be inconsistent with the National Employment Standards (NES). However, noting clause 1.8(c) of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

The United Workers’ Union, being a bargaining representative for the Agreement, has given notice under s 183 of the Act that it wants the Agreement to cover it. In accordance with s 201(2) I note that the Agreement covers the organisation.

The Agreement is approved and, in accordance with s 54 of the Act, will operate from 7 September 2022. The nominal expiry date of the Agreement is 30 June 2025.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case involved an application by PFD Food Services Pty Ltd to have the PFD Food Services (Victorian Operations) & UWU Enterprise Agreement 2022 approved by the Fair Work Commission. The application was made under the Fair Work Act 2009, seeking the Commission’s approval of the enterprise agreement, which had been negotiated between PFD Food Services and the United Workers Union. The nature of the dispute centred around the fairness and compliance of the proposed agreement with the statutory requirements outlined in the Fair Work Act.

The legal issues before the court included whether the enterprise agreement met the criteria for registration under the Fair Work Act, including whether it provided for minimum rates of pay, conditions of employment, and other matters as prescribed. Additionally, the court had to determine whether the agreement was fairly negotiated, and whether it contained any provisions that were not in the best interests of the employees. The court also needed to consider whether any of the terms of the agreement were unfair under the Act.

The Fair Work Commission found that the enterprise agreement was fairly negotiated and met the statutory requirements for approval. The Commission noted that the agreement provided for fair and reasonable terms and conditions of employment, including appropriate rates of pay and other employment conditions. The Commission was satisfied that the agreement did not contain any unfair provisions and was in the best interests of the employees. Consequently, the court approved the enterprise agreement, finding it to be a fair and reasonable agreement that met all statutory requirements for registration under the Fair Work Act.

In light of the above, the Commission approved the PFD Food Services (Victorian Operations) & UWU Enterprise Agreement 2022. The court ordered that the agreement be registered and binding on the parties from the date of the decision. This decision provided clarity for the parties involved and established a precedent for similar enterprise agreements in the future.

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