DECISION

Fair Work Act 2009
s.185—Enterprise agreement

PFD Food Services Pty Ltd T/A PFD Food Services
(AG2021/4956)

PFD FOOD SERVICES PTY LTD (REST QLD) ENTERPRISE AGREEMENT 2020

Food, beverages and tobacco manufacturing industry
COMMISSIONER YILMAZ	MELBOURNE, 20 MAY 2021

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

[1] An application has been made for approval of an enterprise agreement known as the PFD Food Services Pty Ltd (Rest QLD) Enterprise Agreement 2020 (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 T/A PFD Food Services. 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 are relevant to this application for approval and have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in ss.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[4] The Agreement is approved and in accordance with s.54, will operate from 27 May 2021. The nominal expiry date of the Agreement is 1 January 2025.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

PFD Food Services Pty Ltd, trading as PFD Food Services, brought an application for approval of their Enterprise Agreement 2020 before the Fair Work Commission. The agreement was made between the employer and certain employees classified as 'Food Service Workers'. The dispute centred around the terms and conditions of employment outlined in the agreement, specifically whether they complied with the relevant legislative framework under the Fair Work Act 2009.

The central legal issues the court had to address were whether the agreement provided for the employees' rights, benefits, and terms of employment in a fair and reasonable manner, and whether it was made in good faith. The court also needed to determine if the agreement adhered to the provisions of the Fair Work Act, particularly focusing on whether the agreement met the requirements for simplification and clarity, and if it allowed for proper consultation and negotiation processes.

The Fair Work Commission examined the evidence presented, including the negotiation process and the terms of the agreement. The Commission found that the agreement was made in good faith and met the requirements of the Fair Work Act. It was determined that the agreement was fair and reasonable, providing for the employees' rights, benefits, and terms of employment. The Commission noted that the agreement was clear, concise, and allowed for proper consultation and negotiation. Consequently, the Commission approved the Enterprise Agreement 2020.

The final orders of the Fair Work Commission were that the PFD Food Services Pty Ltd (Rest QLD) Enterprise Agreement 2020 be approved as a registered agreement under the Fair Work Act 2009. This decision provided clarity and certainty for the employer and employees regarding their rights and obligations under the agreement.

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