Pfd Food Services Pty Ltd T/A Pfd Foods

[2024] FWCA 3431

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 Foods

(AG2024/3272)

PFD FOOD SERVICES (QLD SEAFOOD) ENTERPRISE AGREEMENT 2024

Seafood processing
COMMISSIONER WILSON	MELBOURNE, 1 OCTOBER 2024

Application for approval of the PFD Food Services (QLD Seafood) Enterprise Agreement 2024

An application has been made for approval of an enterprise agreement known as the PFD Food Services (QLD Seafood) 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 T/A Pfd Foods. The Agreement is a single enterprise agreement.

The notification time for the Agreement under s.173(2) was 27/28 May 2024 and the Agreement was made on 16 August 2024. Accordingly, both the genuine agreement and the better off overall test requirements are those applying on and from 6 June 2023.[1]

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, 193 and 193A as are relevant to this application for approval have been met.

Pursuant to s.205A of the Act, the workplace delegates’ rights term at Clause 26A of the Seafood Processing Award 2020 is taken to be a term of the Agreement.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 8 October 2024. The nominal expiry date of the Agreement is 30 June 2027.

COMMISSIONER

Annexure A

[1] The Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 (Cth) made a number of changes to enterprise agreement approval processes in Part 2-4 of the Fair Work Act. Those changes broadly commenced operation on 6 June 2023, subject to various transitional arrangements which are not applicable to the present application.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Pfd Food Services Pty Ltd, trading as Pfd Foods, brought an application before the Fair Work Commission to seek approval of the PFD Food Services (QLD Seafood) Enterprise Agreement 2024. The dispute centred around the terms and conditions of employment for employees within the Queensland seafood sector, specifically addressing wages, working conditions, and other employment-related matters. The Commission was tasked with ensuring that the proposed agreement met the legal standards and requirements under the Fair Work Act 2009.

The central legal issues before the Commission were whether the proposed agreement complied with the formal requirements for enterprise agreements as set out in the Fair Work Act. This included assessing if the agreement contained the mandatory terms prescribed by the Act, and whether it had been negotiated in good faith and without coercion. Additionally, the Commission needed to consider if the agreement provided a safety net for employees, ensuring that it did not disadvantage employees in terms of pay, conditions, or other benefits compared to the applicable award.

The Commission examined the provisions of the proposed agreement, noting that it included all the mandatory terms required by the Act. It found that the agreement was the result of genuine negotiations and did not exhibit any signs of coercion. Furthermore, the Commission determined that the agreement offered a safety net for employees, providing them with at least the minimum entitlements set out in the relevant awards. Consequently, the Commission concluded that the PFD Food Services (QLD Seafood) Enterprise Agreement 2024 met the necessary legal standards and approved the agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established