PFD Food Services Pty Ltd T/A PFD Food Services

[2019] FWCA 1563

[2019] FWCA 1563

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

PFD Food Services Pty Ltd T/A PFD Food Services
(AG2018/5507)

PFD FOOD SERVICES (CENTRAL NSW) ENTERPRISE AGREEMENT 2018

Storage services
COMMISSIONER JOHNS	SYDNEY, 11 MARCH 2019

Application for approval of the PFD Food Services (Central NSW) Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the PFD Food Services (Central NSW) 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] Subject to the undertakings referred to above, 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.

[4] It is unclear how the Notice of Employee Representational Rights was given to each of the affected employees. However, pursuant to s.188(2), I am satisfied that the agreement would have been genuinely agreed to within the meaning of this section but for the minor procedural error made in relation to the requirements which are set out in ss.173-174. I am satisfied that the employees covered by the agreement were not likely to have been disadvantaged by the error. As a result, I am satisfied that the Agreement has been genuinely agreed within the meaning of s.188(2) of the Act.

[5] The National Union of Workers (NUW) 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) I note that the Agreement covers the organisation.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 18 March 2019. The nominal expiry date of the Agreement is 31 July 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

<AE502224  PR705701>

Annexure A