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
(AG2021/6584)

PFD FOOD SERVICES PTY LTD (PERTH) ENTERPRISE AGREEMENT 2020

Storage services
DEPUTY PRESIDENT BEAUMONT	PERTH, 17 AUGUST 2021

Application for approval of the PFD Food Services Pty Ltd (Perth) 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 (Perth) 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 17 August 2021and, in accordance with s 54, will operate from 24 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

In the recent decision of PFD Food Services Pty Ltd T/A PFD Food Services, the Fair Work Commission was tasked with considering the application for approval of the PFD Food Services Pty Ltd (Perth) Enterprise Agreement 2020. The dispute involved the enterprise agreement proposed between PFD Food Services, a Perth-based food services provider, and its employees. The primary contention centred on the terms and conditions outlined in the proposed agreement, which sought to govern the employment relationship between the employer and its workforce.

The legal issues before the Commission primarily revolved around whether the proposed agreement complied with the relevant provisions of the Fair Work Act 2009. Specifically, the Commission had to examine whether the agreement was in the public interest and whether it complied with the "better off overall test" which requires that the proposed agreement should not disadvantage employees relative to their current conditions. Additionally, the Commission needed to ensure that the agreement did not undermine the fundamental rights of employees, such as the right to be free from unfair dismissal and the right to request flexible working arrangements.

The Commission undertook a detailed analysis of the proposed agreement, considering various aspects including wage rates, leave entitlements, and procedural fairness provisions. The Commission found that the proposed agreement met the statutory requirements and was in the public interest, as it provided a fair and reasonable framework for the employment relationship. The Commission also determined that the agreement was better off overall for the employees, as it included provisions that were advantageous compared to their existing conditions. Consequently, the Fair Work Commission approved the application for the PFD Food Services Pty Ltd (Perth) Enterprise Agreement 2020, ensuring that it would govern the terms and conditions of employment for the relevant employees.

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