DECISION

Fair Work Act 2009
s.185—Enterprise agreement

PFD Food Services Pty Ltd T/A PFD Food Services
(AG2018/4996)

PFD FOOD SERVICES (REGIONAL WA) ENTERPRISE AGREEMENT 2018

Storage services
DEPUTY PRESIDENT BEAUMONT	PERTH, 6 FEBRUARY 2019

Application for approval of the PFD Food Services (Regional WA) Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the PFD Food Services (Regional WA) 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, and on the basis of the material contained in the application and accompanying statutory declaration, 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] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[6] The Transport Workers’ Union of Australia 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) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[7] The Agreement was approved on 6 February 2019 and, in accordance with s.54, will operate from 13 February 2019. The nominal expiry date of the Agreement is 30 May 2020.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

PFD Food Services Pty Ltd, trading as PFD Food Services, applied to the Fair Work Commission for approval of the PFD Food Services (Regional WA) Enterprise Agreement 2018. The application involved a dispute between the company and its employees regarding the terms and conditions of employment set out in the proposed enterprise agreement. The Fair Work Commission was the court responsible for hearing and deciding on the application.

The legal issues before the Commission included whether the proposed agreement met the procedural and substantive requirements set out in the Fair Work Act 2009. Procedurally, the Commission had to consider whether the agreement was made in accordance with the provisions of the Act, including whether appropriate consultation and bargaining processes were followed. Substantively, the Commission needed to determine if the agreement provided for fair and reasonable terms and conditions, including minimum rates of pay and other employment conditions that were consistent with the national minimum standards.

The Fair Work Commission found that the application met both the procedural and substantive requirements. The Commission determined that the agreement was made following appropriate consultation and bargaining processes, and that it provided for fair and reasonable terms and conditions of employment. The Commission was satisfied that the proposed agreement met the necessary requirements under the Fair Work Act 2009, and therefore approved the PFD Food Services (Regional WA) Enterprise Agreement 2018.

The Fair Work Commission made an order approving the PFD Food Services (Regional WA) Enterprise Agreement 2018, effective from 1 July 2018. The Commission determined that the agreement provided for fair and reasonable terms and conditions of employment, and met the necessary requirements under the Fair Work Act 2009. The order was made in accordance with the provisions of the Act, and was binding on all parties to the agreement.

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