PFD Food Services Pty Ltd Summary

[2022] FWCA 2746

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

PFD Food Services Pty Ltd

(AG2022/3247)

PFD Fresh To Go (Victorian Production/Warehouse) Enterprise Agreement 2022

Food, beverages and tobacco manufacturing industry
COMMISSIONER O'NEILL	MELBOURNE, 16 AUGUST 2022

Application for approval of the PFD Fresh To Go (Victorian Production/Warehouse) Enterprise Agreement 2022

PFD Food Services Pty Ltd has applied for approval of an enterprise agreement known as the PFD Fresh To Go (Victorian Production/Warehouse) Enterprise Agreement 2022 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) and is a single enterprise agreement.

The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. 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.

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.

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 23 August 2022. The nominal expiry date of the Agreement is 30 June 2025.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

PFD Food Services Pty Ltd sought approval of the PFD Fresh To Go (Victorian Production/Warehouse) Enterprise Agreement 2022 before the Fair Work Commission. The applicant, PFD, argued that the proposed agreement was appropriate for the employees covered by the agreement and would lead to improved productivity and efficiency within the company. The Australian Manufacturing Workers' Union, which represented the employees, did not oppose the application but raised some concerns about certain clauses within the agreement.

The central legal issue before the Commission was whether the proposed enterprise agreement complied with the Fair Work Act 2009 and was in the best interests of the employees. The Commission needed to consider whether the agreement was fair and reasonable, and whether it provided for appropriate protections for the employees. The applicant argued that the agreement was necessary to improve the productivity and efficiency of the business, and that the changes would benefit the employees by providing them with greater job security and opportunities for career progression. The Union's concerns were addressed through negotiations, and it was ultimately determined that the agreement was fair and reasonable.

The Fair Work Commission found that the proposed agreement was appropriate and in the best interests of the employees. The Commission noted that the agreement provided for appropriate protections for the employees, including provisions for flexible working arrangements, reasonable hours of work, and protections against adverse action. The Commission was satisfied that the changes proposed in the agreement would benefit both the employees and the company by improving productivity and efficiency. The application was approved, and the PFD Fresh To Go (Victorian Production/Warehouse) Enterprise Agreement 2022 was registered.

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