DECISION

Fair Work Act 2009
s.185—Enterprise agreement

PFD Food Services Pty Ltd T/A PFD Food Services
(AG2018/5015)

PFD FOOD SERVICES (PERTH) ENTERPRISE AGREEMENT 2018

Storage services
DEPUTY PRESIDENT BEAUMONT	PERTH, 6 FEBRUARY 2019

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

[1] An application has been made for approval of an enterprise agreement known as the PFD Food Services (Perth) 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

The applicant, PFD Food Services, sought approval of the PFD Food Services (Perth) Enterprise Agreement 2018 in the Fair Work Commission. The dispute arose from the application of the agreement, which had been negotiated between PFD Food Services and its employees. The primary concern was whether the agreement met the necessary criteria for approval under the Fair Work Act 2009. The court was tasked with determining whether the agreement was fair and whether it had been genuinely negotiated.

The key legal issues centred around whether the agreement complied with the procedural and substantive fairness requirements under the Fair Work Act. The applicant had to demonstrate that the agreement was genuinely negotiated and met the criteria for procedural fairness, including adequate consultation and representation of the employees. Additionally, the court had to consider whether the terms and conditions of the agreement were fair and balanced, taking into account the interests of both the employer and the employees.

The Fair Work Commission found that the PFD Food Services (Perth) Enterprise Agreement 2018 was fairly negotiated and met the criteria for approval. The court noted that the applicant had provided evidence of the negotiation process and the representation of employees. The agreement was also found to be fair, as it contained terms and conditions that were balanced and reasonable, considering the overall interests of both parties. The court concluded that the agreement was consistent with the principles of procedural and substantive fairness, and thus approved the agreement.

In light of the findings, the Fair Work Commission granted the application for approval of the PFD Food Services (Perth) Enterprise Agreement 2018. The agreement was deemed to be a valid and enforceable enterprise agreement under the Fair Work Act. The decision underscores the importance of genuine negotiation and balanced terms in enterprise agreements to ensure compliance with the requirements of the Act.

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