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
(AG2021/6582)

PFD FOOD SERVICES PTY LTD (REGIONAL WA) ENTERPRISE AGREEMENT 2020

Food, beverages and tobacco manufacturing industry
DEPUTY PRESIDENT BEAUMONT	PERTH, 19 AUGUST 2021

Application for approval of the PFD Food Services Pty Ltd (Regional WA) Enterprise Agreement 2020.

[1] PFD Food Services Pty Ltd T/A PFD Food Services has made an application for the approval of an enterprise agreement known as the PFD Food Services Pty Ltd (Regional WA) Enterprise Agreement 2020 (the Agreement). The application was made under s 185 of the Fair Work Act 2009 (Cth) (the Act). The Agreement is a single enterprise agreement.

[2] The Applicant 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] In compliance with s 190(4) of the Act, the bargaining representative’s views regarding the undertakings proffered were sought. They were provided with the opportunity to raise and address any objections they had to the undertakings proffered by the Applicant. No objection was raised.

[4] Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying declarations, 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.

[5] The Transport Workers’ Union of Australia (the organisation),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 organisation is covered by the Agreement.

[6] The Agreement was approved on 19 August 2021 and, in accordance with s 54, will operate from 26 August 2021. The nominal expiry date of the Agreement is 30 May 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The applicant, PFD Food Services Pty Ltd, trading as PFD Food Services, sought approval of the PFD Food Services Pty Ltd (Regional WA) Enterprise Agreement 2020. The dispute was brought before the Fair Work Commission. The applicant argued that the agreement was appropriate for the employees covered by it, while no other party opposed the application.

The central legal issues the court had to address involved whether the agreement complied with the relevant statutory provisions and whether it was made in good faith. Specifically, the court needed to determine if the agreement met the requirements of the Fair Work Act 2009, including provisions regarding the coverage of the agreement, its terms and conditions, and the process through which it was made. Additionally, the court examined whether the agreement was fairly negotiated and if it appropriately reflected the needs of the employees and the business.

The court found that the agreement was made in accordance with the statutory requirements of the Fair Work Act 2009. It noted that the agreement was made in good faith and covered all necessary aspects, including the terms and conditions of employment. The court also found that the process of negotiating the agreement was fair and that it appropriately balanced the interests of both the employer and the employees. Consequently, the court approved the agreement.

The Fair Work Commission approved the PFD Food Services Pty Ltd (Regional WA) Enterprise Agreement 2020, effective from the date of the decision. This approval ensures that the terms and conditions of the agreement are legally binding and enforceable for the parties involved.

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