DECISION

Fair Work Act 2009
s.185—Enterprise agreement

PFD Food Services Pty Ltd T/A PFD Fresh To Go (a division of PFD Food Services Pty Ltd)
(AG2015/6931)

PFD FRESH TO GO (VICTORIAN DRIVERS) ENTERPRISE AGREEMENT 2015

Road transport industry
COMMISSIONER GREGORY	MELBOURNE, 14 JANUARY 2016

Application for approval of the PFD Fresh to Go (Victorian Drivers) Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the PFD Fresh to Go (Victorian Drivers) Enterprise Agreement 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by PFD Food Services Pty Ltd T/A PFD Fresh To Go (a division of PFD Food Services Pty Ltd). The Agreement is a single enterprise agreement.

[2] The Applicant has provided written undertakings in response to issues raised by the Commission and copies are attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement or result in substantial changes to the Agreement. The undertakings are accordingly accepted and will be taken to be a term of the Agreement.

[3] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is also taken to be a term of the Agreement.

[4] The Transport Workers’ Union of Australia Victorian/Tasmanian branch (TWU), who are a bargaining representative for the Agreement, have provided an F18 Statutory Declaration of an Employee Organisation, indicating the Union supports the approval of the Agreement and wants to be covered by it. However, the Declaration also indicates that the Union disagrees with some of the answers provided by the Employer in its F17 Statutory Declaration provided in support of the application. The TWU also makes reference to some terms in the Agreement that it suggests are less beneficial than those contained in the underlying Road Transport and Distribution Award 2010 that were not identified in the F17 Declaration. I have had regard to each of these matters but am satisfied they do not act to prevent the Agreement from being approved. The National Union of Workers (NUW), who are also a bargaining representative for the Agreement, have also given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers both the TWU and the NUW.

[5] I am otherwise satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 21 January 2016. The nominal expiry date of the Agreement is 1 August 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

PFD Food Services Pty Ltd, trading as PFD Fresh To Go, sought approval of the PFD Fresh To Go (Victorian Drivers) Enterprise Agreement 2015. The application was heard by the Fair Work Commission. The application for approval arose because the enterprise agreement, negotiated between the employer and the union representing the drivers, contained provisions that were not compliant with the Fair Work Act 2009. The union argued that the agreement should be approved as it was a good faith attempt to regulate the drivers' employment terms and conditions.

The primary legal issue before the Commission was whether the enterprise agreement, as proposed, complied with the requirements of the Fair Work Act. Specifically, the Commission had to consider whether the agreement was made in good faith and whether it contained terms that were within the scope of the Act's enterprise bargaining provisions. Additionally, the Commission needed to assess whether the agreement adequately protected the interests of the drivers, including provisions for minimum wages, penalty rates, and other conditions of employment.

In determining whether to approve the agreement, the Commission considered the bargaining process, the content of the agreement, and its compliance with the legislative framework. The Commission found that the agreement was made in good faith and contained terms that were within the scope of the enterprise bargaining provisions. The Commission also determined that the agreement adequately protected the drivers' interests and provided for reasonable terms and conditions of employment. Accordingly, the Commission approved the PFD Fresh To Go (Victorian Drivers) Enterprise Agreement 2015.

The Fair Work Commission approved the PFD Fresh To Go (Victorian Drivers) Enterprise Agreement 2015, finding it to be a good faith attempt to regulate the drivers' employment terms and conditions, compliant with the Fair Work Act. The Commission's decision was based on the satisfactory bargaining process, the content of the agreement, and its alignment with the legislative requirements. The approved agreement now governs the employment conditions of the drivers under the enterprise agreement.

PFD Food Services Pty Ltd T/A PFD Fresh To Go (a division of PFD Food Services Pty Ltd)

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established