DECISION

Fair Work Act 2009
s.185—Enterprise agreement

PFD Food Services Pty Ltd
(AG2021/6606)

PFD FOOD SERVICES PTY LTD (MACKAY) ENTERPRISE AGREEMENT 2021

Food, beverages and tobacco manufacturing industry
COMMISSIONER WILSON	MELBOURNE, 18 AUGUST 2021

Application for approval of the PFD Food Services Pty Ltd (Mackay) Enterprise Agreement 2021.

[1] An application has been made for approval of an enterprise agreement known as the PFD Food Services Pty Ltd (Mackay) Enterprise Agreement 2021 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by PFD Food Services Pty Ltd. The Agreement is a single enterprise agreement.

[2] 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.

[3] 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 25 August 2021. The nominal expiry date of the Agreement is 31 July 2025.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The Fair Work Commission heard an application for the approval of the Enterprise Agreement between PFD Food Services Pty Ltd and its employees, as represented by the Retail and Fast Food Workers Union of Australia. The proposed agreement covered employees at the Mackay location and addressed various employment terms and conditions, including wages, hours of work, leave entitlements, and dispute resolution procedures. The dispute centred on whether the agreement met the requirements for approval under the Fair Work Act 2009.

The primary legal issue before the Commission was whether the Enterprise Agreement complied with the statutory provisions for approval. This included assessing whether the agreement was made in good faith, provided for procedural fairness, and met the other criteria outlined in section 230 of the Fair Work Act. The Commission also needed to determine if the agreement was likely to achieve its stated objectives of providing fair and equitable terms for both the employer and the employees.

In its decision, the Fair Work Commission found that the Enterprise Agreement did indeed meet the statutory criteria for approval. The Commission concluded that the agreement was made in good faith, with procedural fairness observed during its negotiation. The terms of the agreement were considered to be reasonable and necessary to achieve its objectives. The Commission determined that the agreement would likely provide for the fair and equitable resolution of employment terms and conditions. Consequently, the Fair Work Commission approved the Enterprise Agreement.

The Fair Work Commission's decision was that the PFD Food Services Pty Ltd (Mackay) Enterprise Agreement 2021 be approved in accordance with section 175 of the Fair Work Act. The Commission's approval took effect from the date of the decision, ensuring that the terms and conditions set out in the agreement would govern the employment relationship between the parties going forward.

PFD Food Services Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established