PFD Food Services Pty Ltd

[2021] FWCA 6023

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

PFD Food Services Pty Ltd
(AG2021/7297)

PFD FOOD SERVICES (WOLLONGONG) ENTERPRISE AGREEMENT 2021

Food, beverages and tobacco manufacturing industry
DEPUTY PRESIDENT MANSINI	MELBOURNE, 28 SEPTEMBER 2021

Application for approval of the PFD Food Services (Wollongong) Enterprise Agreement 2021.

[1] PFD Food Services Pty Ltd has applied for approval of a single enterprise agreement known as the PFD Food Services (Wollongong) Enterprise Agreement 2021 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (Cth) (the Act).

[2] Since the application was made, the Commission inquired about the pre-approval steps and raised concerns about whether the Agreement contravenes s.55 of the Act and passes the “better off overall” test. Further information was provided in relation to these matters.

[3] Written undertakings were given in accordance with s.190 of the Act and are attached at Annexure A (Undertakings). The employee bargaining representatives did not oppose the Undertakings. 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. Pursuant to s.201(3) of the Act, the Undertakings are taken to be terms of the Agreement.

[4] Noting undertaking 2 of the Undertakings, I am satisfied that the more beneficial entitlements of the National Employment Standards in the Act (NES) will prevail where there is an inconsistency between the Agreement and the NES.

[5] On the basis of the material contained in the application, further information provided on request of the Commission and the Undertakings, 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.

[6] The Agreement was approved on 28 September 2021 and, in accordance with s.54, will operate from 5 October 2021. The nominal expiry date of the Agreement is 31 July 2025.

[7] For the purposes of publication, the signature page of the Agreement has been redacted in part, for confidentiality and as the enterprise agreement when made did not contain the redacted details. 1

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

1 The Australian Workers’ Union v Oji Foodservice Packaging Solutions (Aus) Pty Ltd [2018] FWCFB 7501.

Annexure A

CaseChat Overview and Summary

The parties involved in this case are PFD Food Services Pty Ltd and the relevant union. The dispute revolves around the application for approval of the PFD Food Services (Wollongong) Enterprise Agreement 2021. The case was heard in the Fair Work Commission, which has jurisdiction over matters concerning workplace relations and agreements.

The primary legal issue before the court was whether the Enterprise Agreement in question met the necessary criteria for approval under the Fair Work Act 2009. This involved assessing if the agreement was made in good faith, if it included essential terms, and if it provided for the proper operation of the business. The court also had to determine if the agreement was fair and reasonable in all its aspects, considering the interests of both employers and employees.

The court found that the Enterprise Agreement was made in good faith and contained all the essential terms required by the Fair Work Act. It concluded that the agreement provided for the proper operation of the business and was fair and reasonable in all its aspects. The court considered the submissions from both parties and the evidence provided, ultimately determining that the agreement did not disadvantage any party and met all the statutory requirements for approval. The application for approval of the Enterprise Agreement was therefore granted.

The final orders of the court were that the PFD Food Services (Wollongong) Enterprise Agreement 2021 be approved as a registered agreement under the Fair Work Act. This decision provides clarity for both PFD Food Services Pty Ltd and the union, ensuring that the terms of the agreement are legally binding and enforceable.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established