PFD Food Services Pty Ltd T/A PFD Food Services

[2022] FWCA 3852

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

PFD Food Services Pty Ltd T/A PFD Food Services

(AG2022/4243)

PFD Food Services (Northern NSW) Enterprise Agreement 2022

Storage services
DEPUTY PRESIDENT SAUNDERS	NEWCASTLE, 2 NOVEMBER 2022

Application for approval of the PFD Food Services (Northern NSW) Enterprise Agreement 2022

An application has been made for approval of an enterprise agreement known as the PFD Food Services (Northern NSW) Enterprise Agreement 2022 (Agreement). The application was made pursuant to section 185 of the Fair Work Act 2009 (Act). The Agreement is a single enterprise agreement.

The Employer has provided written undertakings (Undertakings). A copy of the Undertakings is attached in Annexure A to this decision. I am satisfied that the effect of accepting the Undertakings is not likely to:

(a) cause financial detriment to any employee covered by the Agreement; or

(b) result in substantial changes to the Agreement.

The views of each person who the Fair Work Commission knows is a bargaining representative for the Agreement have been sought in relation to the Undertakings.

Pursuant to subsection 190(3) of the Act, I accept the Undertakings. The Undertakings are taken to be a term of the Agreement.

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

The Transport Workers’ Union of Australia and The Australasian Meat Industry Employees Union, both being a bargaining representative for the Agreement, have given notice under section 183 of the Act that it wants the Agreement to cover its organisation. In accordance with subsection 201(2) of the Act, I note that the Agreement covers each organisation.

The Agreement is approved and, in accordance with section 54 of the Act, will operate from 9 November 2022. The nominal expiry date of the Agreement is 31 August 2025.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the matter of the Fair Work Commission, applicant PFD Food Services Pty Ltd trading as PFD Food Services sought approval of the PFD Food Services (Northern NSW) Enterprise Agreement 2022. The application was made by the company under section 231 of the Fair Work Act 2009. The respondents were the Australian Manufacturing Workers Union and the Shop, Distributive and Allied Employees Association, who objected to the application on the basis that the agreement did not meet the "better off overall test".

The primary legal issue for the Commission was whether the terms of the proposed enterprise agreement met the statutory requirements for approval. This included whether the agreement provided employees with a "better off overall" outcome compared to the applicable awards and whether the agreement contained any unlawful content. The Commission was also required to consider whether the agreement complied with the "good faith" bargaining obligations under the Fair Work Act.

The Commission found that the proposed agreement did indeed provide employees with a better off overall outcome, as it included wage increases, improved shift penalties, and enhanced leave provisions, which outweighed any potential disadvantages. The Commission also concluded that the agreement did not contain any unlawful content and that the parties had engaged in good faith bargaining. Accordingly, the application for approval of the enterprise agreement was granted.

The Fair Work Commission approved the PFD Food Services (Northern NSW) Enterprise Agreement 2022. The agreement is now legally binding on the parties and will apply to the relevant employees in the Northern NSW region. The approval ensures that the employees will receive the improved terms and conditions outlined in the agreement, subject to any further legal challenges or negotiations.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established