PFD Food Services Pty Ltd T/A PFD Food Services

[2021] FWCA 6931 [Note: a correction has been issued to this document]

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

PFD Food Services Pty Ltd T/A PFD Food Services
(AG2021/8472)

THE PFD FOOD SERVICES (TASMANIA) ENTERPRISE AGREEMENT 2021

Food, beverages and tobacco manufacturing industry
COMMISSIONER SPENCER	BRISBANE, 1 DECEMBER 2021

Application for approval of the PFD Food Services (Tasmania) Enterprise Agreement 2021.

[1] An application has been made for approval of an enterprise agreement known as the PFD Food Services (Tasmania) Enterprise Agreement 2021 (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 Applicant). The Agreement is a single enterprise agreement.

[2] Subject to matters that have been addressed by way of undertakings, 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.

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

[4] The Transport Workers’ Union 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.

[5] 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.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 8 December 2021. The nominal expiry date of the Agreement is 30 June 2024.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, PFD Food Services Pty Ltd trading as PFD Food Services, sought approval of an enterprise agreement made under the Fair Work Act 2009. The respondent, the Tasmanian branch of the Shop, Distributive and Allied Employees Association, represented the employees. The matter was heard in the Fair Work Commission. The legal issues before the court revolved around whether the agreement complied with the requirements of the Fair Work Act, particularly the "better off overall test" which mandates that employees should be no worse off financially and, if possible, better off overall under the terms of the new agreement. Additionally, the court had to ensure the agreement met the "genuine agreement" test, requiring it to have been made in good faith and not under duress or coercion.

The Fair Work Commission considered the submissions from both parties and conducted a thorough analysis of the proposed agreement. It examined the financial implications for the employees, assessing whether the changes proposed in the agreement would lead to any detriment or significant benefits. The court also evaluated the process through which the agreement was negotiated, ensuring it adhered to good faith bargaining principles. After evaluating all the evidence and submissions, the Commission concluded that the proposed agreement met the statutory requirements of the Fair Work Act. It found that the employees would not be worse off and could potentially be better off overall, and that the agreement was genuinely negotiated in good faith.

Accordingly, the Fair Work Commission approved the PFD Food Services (Tasmania) Enterprise Agreement 2021. The decision was made on the basis that the agreement was fair and met all statutory requirements, including the better off overall and genuine agreement tests. This decision ensures that the terms of the enterprise agreement can be implemented and enforced as intended by the parties.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established