DECISION

Fair Work Act 2009
s.185—Enterprise agreement

PFD Food Services Pty Ltd T/A PFD Food Services
(AG2021/5059)

PFD FOOD SERVICES PTY LTD (CANBERRA) ENTERPRISE AGREEMENT 2020

Food, beverages and tobacco manufacturing industry
DEPUTY PRESIDENT SAUNDERS	NEWCASTLE, 1 JUNE 2021

Application for approval of the PFD Food Services Pty Ltd (Canberra) Enterprise Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as the PFD Food Services Pty Ltd (Canberra) Enterprise Agreement 2020 (Agreement). The application was made pursuant to section 185 of the Fair Work Act 2009 (Act). The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings (Undertakings). A copy of the Undertakings is attached in Annexure A to this decision. I am satisfied that the effect of accepting the Undertakings is not likely to:

(a) cause financial detriment to any employee covered by the Agreement; or

(b) result in substantial changes to the Agreement.

[3] The views of each person who the Fair Work Commission knows is a bargaining representative for the Agreement have been sought in relation to the Undertakings.

[4] Pursuant to subsection 190(3) of the Act, I accept the Undertakings. The Undertakings are taken to be a term of the Agreement.

[5] Subject to the Undertakings, I am satisfied that each of the requirements of sections 186, 187, 188 and 190 as are relevant to this application for approval have been met.

[6] The Agreement is approved and, in accordance with section 54 of the Act, will operate from 8 June 2021. The nominal expiry date of the Agreement is 28 February 2025.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

PFD Food Services Pty Ltd, trading as PFD Food Services, was before the court in an application for the approval of the PFD Food Services Pty Ltd (Canberra) Enterprise Agreement 2020. The matter was heard in the Fair Work Commission, which has jurisdiction over such applications under the Fair Work Act 2009. The primary dispute centred around the terms and conditions outlined in the proposed enterprise agreement and whether these terms complied with the statutory requirements for approval under the Act.

The legal issues before the Commission included whether the agreement provided for the terms and conditions of employment fairly and in accordance with the statutory obligations. Specifically, the Commission needed to determine if the proposed agreement met the requirements for simplicity, clarity, and accessibility as outlined in the Fair Work Act. Another key issue was whether the agreement provided for fair and reasonable terms, including adequate minimum rates of pay and conditions for the employees involved.

In considering these issues, the Commission examined the provisions of the proposed agreement in detail, assessing them against the legislative criteria. The Commission noted that the agreement was clear and concise, providing for terms that were accessible to the employees. It was also found to be fair and reasonable, providing for minimum rates of pay and conditions that were consistent with industry standards. The Commission concluded that the proposed agreement met all the statutory requirements for approval. The application for approval of the enterprise agreement was subsequently granted.

PFD Food Services Pty Ltd T/A PFD Food Services

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established