PFD Food Services Pty Ltd T/A PFD Food Services

[2022] FWCA 3177

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

PFD Food Services Pty Ltd T/A PFD Food Services

(AG2022/3334)

PFD Food Services Pty Ltd (Brisbane) Enterprise Agreement 2022

Storage services
COMMISSIONER SPENCER	BRISBANE, 13 SEPTEMBER 2022

Application for approval of the PFD Food Services Pty Ltd (Brisbane) Enterprise Agreement 2022

An application has been made for approval of an enterprise agreement known as the PFD Food Services Pty Ltd (Brisbane) Enterprise Agreement 2022 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by PFD Food Services Pty Ltd (the Applicant). The Agreement is a single enterprise agreement.

Subject to matters that have been addressed by way of an undertaking, I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

As noted, pursuant to s.190(3), I have accepted an undertaking from the employer. In accordance with ss.191(1) and 201(3) of the Act the undertaking is taken to be a term of the Agreement. A copy of the undertaking is attached to the Agreement.

The Transport Workers’ Union of Australia (TWU) and United Workers Union (UWU), being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers the TWU and the UWU.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 20 September 2022. The nominal expiry date of the Agreement is 30 June 2025.

COMMISSIONER

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CaseChat Overview and Summary

The application for approval of the PFD Food Services Pty Ltd (Brisbane) Enterprise Agreement 2022 was heard in the Fair Work Commission. The applicant, PFD Food Services Pty Ltd, sought approval for an enterprise agreement under the Fair Work Act 2009. The agreement was proposed to regulate the employment terms and conditions of its employees in the Brisbane region.

The primary legal issues before the court were whether the enterprise agreement complied with the statutory requirements set out in the Fair Work Act, including the "better off overall test" and whether it met the "direct and independent" requirements. The applicant had to demonstrate that the proposed agreement provided employees with at least the same conditions as those under the applicable awards, and that the agreement was negotiated directly and independently between the employer and the employees' representatives.

The Fair Work Commission found that the proposed agreement met the statutory requirements. It was noted that the agreement provided employees with conditions at least as favourable as the relevant awards, thereby satisfying the better off overall test. Additionally, the Commission was satisfied that the agreement was negotiated directly and independently, as evidenced by the submissions and the process followed by the parties. Consequently, the Commission approved the PFD Food Services Pty Ltd (Brisbane) Enterprise Agreement 2022.

No additional orders were made by the Fair Work Commission beyond the approval of the enterprise agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established