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.

CaseChat Overview and Summary

PFD Food Services Pty Ltd, trading as PFD Food Services, applied for the approval of the PFD Food Services (Townsville) Enterprise Agreement 2019 before the Fair Work Commission. The application was contested by the Australian Manufacturing Workers' Union, who argued that the agreement did not meet the standards required under the Fair Work Act 2009. The central issue before the court was whether the enterprise agreement, which had been negotiated between PFD Food Services and the union, complied with the statutory requirements for approval, including provisions on minimum wages, classification of employees, and other terms and conditions of employment.

The court examined the specifics of the agreement, focusing on whether it provided for minimum rates of pay that met or exceeded the relevant award or registered agreement standards, and whether it included terms that were fair and reasonable in all respects. The union contended that certain provisions in the agreement were not adequately protecting the employees' rights and entitlements. The court considered the submissions from both parties, including the union’s arguments that the agreement failed to ensure fair and reasonable terms in relation to the classification and remuneration of employees.

In its decision, the Fair Work Commission found that the PFD Food Services (Townsville) Enterprise Agreement 2019 did comply with the requirements of the Fair Work Act. The court concluded that the agreement provided for fair and reasonable terms and conditions, including adequate minimum rates of pay and appropriate classification of employees. The commission approved the agreement, dismissing the union’s objections. The decision highlighted the importance of the agreement in providing a stable framework for the employment relationship between PFD Food Services and its employees.

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