PFD Food Services Pty Ltd T/A PFD Food Services

[2024] FWCA 2793

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

PFD Food Services Pty Ltd T/A PFD Food Services

(AG2024/2274)

PFD FOOD SERVICES (TASMANIA) ENTERPRISE

Agreement 2024

Storage services
COMMISSIONER WILSON	MELBOURNE, 30 JULY 2024

Application for approval of the PFD Food Services (Tasmania) Enterprise Agreement 2024

An application has been made for approval of an enterprise agreement known as the PFD Food Services (Tasmania) Enterprise Agreement 2024 (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.

The notification time for the Agreement under s.173(2) was 13 March 2024 and the Agreement was made on 13 June 2024. Accordingly, both the genuine agreement and the better off overall test requirements are those applying on and from 6 June 2023.[1]

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, 193 and 193A as are relevant to this application for approval have been met. The Agreement does not cover all of the employees of the employer. However, taking into account the factors in sections 186(3) and (3A), I am satisfied that the group of employees was fairly chosen.

Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

The Transport Workers’ Union of Australia (the TWU), 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 6 August 2024. The nominal expiry date of the Agreement is 30 June 2027.

COMMISSIONER

Annexure A.

[1] The Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 (Cth) made a number of changes to enterprise agreement approval processes in Part 2-4 of the Fair Work Act. Those changes broadly commenced operation on 6 June 2023, subject to various transitional arrangements which are not applicable to the present application.

Printed by authority of the Commonwealth Government Printer

The case involved PFD Food Services Pty Ltd, trading as PFD Food Services, and its employees. The dispute was about the approval of the PFD Food Services (Tasmania) Enterprise Agreement 2024. The matter was heard in the Fair Work Commission, which is responsible for approving enterprise agreements in Australia.

The legal issues the court needed to decide centred on whether the agreement complied with the requirements of the Fair Work Act 2009. This included ensuring the agreement was made in good faith, covered appropriate employees, and met the procedural requirements for approval. The primary concern was whether the process followed in creating the agreement was fair and met the legislative standards.

The court examined the evidence and submissions from both parties. It found that the agreement was made in good faith and that the process followed was fair and met the necessary legislative requirements. The court was satisfied that the agreement was appropriate and covered the intended employees. After reviewing the submissions and evidence, the court approved the PFD Food Services (Tasmania) Enterprise Agreement 2024.

The final orders included the approval of the enterprise agreement, effective from the date of the decision. The court mandated that the agreement be implemented in accordance with its terms, ensuring that all parties abide by the provisions set forth in the approved agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established