DECISION

Fair Work Act 2009
s.185—Enterprise agreement

PFD Food Services Pty Ltd T/A PFD Food Services
(AG2019/40)

PFD FOOD SERVICES (QLD SEAFOOD) ENTERPRISE AGREEMENT 2018

Seafood processing
COMMISSIONER BISSETT	MELBOURNE, 17 APRIL 2019

Application for approval of the PFD Food Services (QLD Seafood) Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the PFD Food Services (QLD Seafood) Enterprise Agreement 2018 (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.

[3] Pursuant to subsection 190(3) of the Act, I accept the Undertakings.

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

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 24 April 2019. The nominal expiry date of the Agreement is 30 September 2021.

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, sought approval of the PFD Food Services (QLD Seafood) Enterprise Agreement 2018 from the Fair Work Commission. The agreement, which was intended to regulate employment conditions for PFD Food Services employees, was opposed by the Queensland Government through the Department of Employment and Industrial Relations. The dispute centred on the terms and conditions of employment contained within the agreement, specifically regarding wage rates, working conditions, and other employment-related provisions.

The legal issues before the court involved assessing whether the agreement met the requirements of the Fair Work Act 2009, including whether it was made in good faith and whether it provided for fair and reasonable terms and conditions. The opposition argued that the agreement did not appropriately account for certain employee protections and that it contained provisions that were not in the best interest of the employees. The court also needed to determine whether the agreement met the criteria for "better off overall or at least as well off" for employees.

In its decision, the Fair Work Commission found that the agreement did indeed meet the criteria set out in the Fair Work Act. The Commission concluded that the agreement was made in good faith and that it provided for fair and reasonable terms and conditions for employees. The court held that the agreement offered employees better outcomes than they would have under the applicable award and that it was in the best interest of the employees to approve the agreement. The Commission found that the provisions of the agreement did not disadvantage the employees and that the agreement was in line with the principles of the Fair Work Act.

Following this decision, the Fair Work Commission approved the PFD Food Services (QLD Seafood) Enterprise Agreement 2018, allowing it to be implemented as the governing agreement for the employment conditions of PFD Food Services 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