DECISION

Fair Work Act 2009
s.185—Enterprise agreement

PFD Food Services Pty Ltd T/A PFD Food Services
(AG2020/3355)

PFD FOOD SERVICES (GRIFFITH & WAGGA) ENTERPRISE AGREEMENT 2020

Storage services
COMMISSIONER YILMAZ	MELBOURNE, 26 NOVEMBER 2020

Application for approval of the PFD Food Services (Griffith & Wagga) Enterprise Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as the PFD Food Services (Griffith & Wagga) 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] I observe that clauses 6.7(g) and 6.7(h) of the Agreement are likely to be inconsistent with the National Employment Standards (NES). However, noting clause 1.7(a) of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[5] The Agreement is approved and in accordance with s.54, will operate from 3 December 2020. The nominal expiry date of the Agreement is 30 June 2024.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case involved PFD Food Services Pty Ltd, trading as PFD Food Services, which sought approval of an enterprise agreement from the Fair Work Commission. The dispute centred around the specific terms of the PFD Food Services (Griffith & Wagga) Enterprise Agreement 2020. The Fair Work Commission, in this instance, was tasked with determining whether the agreement met the necessary legal standards and requirements under the Fair Work Act 2009.

The central legal issues before the Commission were whether the enterprise agreement provided for "no disadvantage" to employees compared to their prior conditions, and whether it was "in the national system interest." Additionally, the Commission had to consider whether the agreement met the requirements for "good faith" bargaining and if it was appropriately "free" of any coercion or undue influence. These issues were pivotal in determining the overall fairness and legality of the proposed agreement.

In reaching its decision, the Commission carefully examined the terms of the agreement against the statutory benchmarks. It found that the agreement did not result in any disadvantage to the employees, and it was made in good faith. Furthermore, the Commission was satisfied that the agreement was free of any coercion and was in the national system interest. Consequently, the application for approval was granted, and the PFD Food Services (Griffith & Wagga) Enterprise Agreement 2020 was deemed to be compliant with the necessary legal standards.

The final orders of the Commission approved the PFD Food Services (Griffith & Wagga) Enterprise Agreement 2020, allowing it to be implemented as intended. The agreement, which now has legal force, will govern the employment conditions of the relevant employees within the specified areas of Griffith and Wagga.

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