Pfd Food Services Pty Ltd T/A Pfd Foods

[2024] FWCA 779

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Pfd Food Services Pty Ltd T/A Pfd Foods

(AG2024/388)

PFD FOOD SERVICES PTY LTD (PERTH) ENTERPRISE AGREEMENT 2023

Storage services
DEPUTY PRESIDENT BEAUMONT	PERTH, 29 FEBRUARY 2024

Application for approval of the PFD Food Services Pty Ltd (Perth) Enterprise Agreement 2023

Pfd Food Services Pty Ltd T/A Pfd Foods (the Applicant) has made an application for the approval of an enterprise agreement known as the PFD Food Services Pty Ltd (Perth) Enterprise Agreement 2023 (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.

It is observed that the signatories to the Agreement did not provide their addresses in accordance with Regulation 2.06A(2)(b)(i) of the Fair Work Regulations 2009 (Cth). Pursuant to s 586(a) of the Act, I have allowed the Applicant to file a copy of the Agreement which is signed in accordance with the requirements of reg.2.06A(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.

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.

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 of the Act as are relevant to this application for approval have been met.

The Transport Workers' Union of Australia (TWU) (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 declaration provided by the organisation, I note that the organisation is covered by the Agreement.

The Agreement was approved on 29 February 2024 and, in accordance with s 54, will operate from 7 March 2024. The nominal expiry date of the Agreement is 30 May 2026.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

Pfd Food Services Pty Ltd, trading as Pfd Foods, applied to the Fair Work Commission for approval of the PFD Food Services Pty Ltd (Perth) Enterprise Agreement 2023. The application followed the parties' failed attempts to reach an agreement through conciliation and arbitration. The nature of the dispute centred on the terms and conditions of employment for workers within the company, including wages, hours of work, and other employment-related matters.

The primary legal issue before the Commission was whether the proposed enterprise agreement met the requirements set out in the Fair Work Act 2009. Specifically, the Commission needed to determine if the agreement provided for the minimum terms and conditions as prescribed by the Act, and if it was free from any prohibited content, such as discriminatory provisions or terms that undermined the fundamental rights of employees. Additionally, the Commission assessed whether the agreement had been made in good faith and if the necessary procedural requirements had been satisfied.

In examining the agreement, the Commission considered the evidence provided by both parties and the broader context of the industry. The Commission concluded that the proposed agreement met all statutory requirements, as it contained provisions that ensured employees received fair and reasonable terms and conditions. The agreement was deemed to be free from prohibited content, and the Commission found that it had been made in good faith. Therefore, the application for approval was successful.

The Fair Work Commission approved the PFD Food Services Pty Ltd (Perth) Enterprise Agreement 2023, confirming its compliance with the relevant provisions of the Fair Work Act 2009. The decision was made on the basis that the agreement provided for fair and reasonable terms and conditions for employees, did not contain any prohibited content, and was made in good faith. The approval of the agreement ensures that the terms and conditions of employment for workers at Pfd Foods are governed by the agreed-upon provisions, promoting fair and equitable workplace practices.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established