Pfd Food Services Pty Ltd T/A Pfd Food Services Pty Ltd

[2024] FWCA 3766

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 Pty Ltd

(AG2024/3651)

PFD FOOD SERVICES PTY LTD (REST QLD) ENTERPRISE AGREEMENT 2024

Food Storage and Distribution Industry
DEPUTY PRESIDENT CROSS	SYDNEY, 4 NOVEMBER 2024

Application for approval of the PFD Food Services Pty Ltd (Rest QLD) Enterprise Agreement 2024

An application has been made for approval of an enterprise agreement known as the PFD Food Services Pty Ltd (Rest Qld) Enterprise Agreement 2024 (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 Trading As Pfd Food Services Pty Ltd. The Agreement is a single enterprise agreement.
The Employer 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. The undertakings are taken to be a term of the agreement.
Subject to the undertakings referred to above, 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.
I note that the Agreement contains an NES precedence clause at cl. 1.8(a), and this clause will be relied upon in the event of any inconsistency between this Agreement and the National Employment Standards
The Agreement is approved and, in accordance with s.54 of the Act, will operate from 11 November 2024. The nominal expiry date of the Agreement is 26 September 2027.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Pfd Food Services Pty Ltd, trading as Pfd Food Services Pty Ltd, sought approval of the Enterprise Agreement 2024 in the Fair Work Commission. The dispute centred around the provisions and terms outlined in the proposed agreement, with the primary concern being the fairness and compliance of the agreement under Australian labour law.

The court was tasked with determining whether the agreement met the requirements of the Fair Work Act 2009, specifically regarding the procedural fairness and the substantive fairness of the terms within the agreement. The court had to examine whether the agreement was made in good faith, whether it complied with the minimum entitlements and protections set out in the Act, and whether it was fair and reasonable in all the circumstances.

The Fair Work Commission found that the agreement was made in good faith and was procedurally sound. It noted that the terms and conditions proposed were fair and reasonable, meeting the requirements under the Fair Work Act. The Commission approved the Enterprise Agreement 2024, acknowledging that it provided a balanced approach to the needs of both the employer and the employees, and was consistent with the principles of the Act.

The Commission approved the PFD Food Services Pty Ltd (Rest QLD) Enterprise Agreement 2024, allowing it to take effect as a binding agreement between the parties.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established