PFD Food Services Pty Ltd T/A PFD Food Services

[2020] FWCA 2261

[2020] FWCA 2261

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
(AG2020/952)

PFD FOOD SERVICES (TOWNSVILLE) ENTERPRISEAGREEMENT 2019

Storage services
COMMISSIONER SPENCER	BRISBANE, 30 APRIL 2020

Application for approval of the PFD Food Services (Townsville) Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the PFD Food Services (Townsville) Enterprise Agreement 2019 (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 Applicant). The Agreement is a single enterprise agreement.

[2] Mr Stephen Baker, Queensland Branch Secretary of The Australian Workers’ Union (AWU), lodged a Form F18 statutory declaration giving notice under s.183 of the Act that the AWU wants the Agreement to cover it.

[3] Subject to matters that have been addressed by way of undertakings, I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[4] As noted, pursuant to s.190(3), I have accepted undertakings from the employer. In accordance with ss.191(1) and 201(3) of the Act the undertakings are taken to be a term of the Agreement. A copy of the undertakings is attached to the Agreement and as Annexure A to this Decision.

[5] The AWU, 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) of the Act I note that the Agreement covers the AWU.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 May 2020. The nominal expiry date of the Agreement is 31 August 2023.

COMMISSIONER

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Annexure A.