DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Pebmac Pty Ltd T/A MOCO Food Services
(AG2017/5522)

PEBMAC PTY LTD ENTERPRISE AGREEMENT 2017

Road transport industry
DEPUTY PRESIDENT MASSON	MELBOURNE, 5 MARCH 2018

Application for approval of the Pebmac Pty Ltd Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Pebmac Pty Ltd Enterprise Agreement 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Pebmac Pty Ltd T/A MOCO Food Services. 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] 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 12 March 2018. The nominal expiry date of the Agreement is 4 March 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Pebmac Pty Ltd, trading as MOCO Food Services, brought an application before the Fair Work Commission for the approval of an enterprise agreement. The agreement in question was the Pebmac Pty Ltd Enterprise Agreement 2017, which was to govern the employment terms of the company’s employees. The dispute centred around whether the agreement complied with the statutory requirements under the Fair Work Act 2009, particularly concerning the procedural fairness and the rights of employees.

The court had to determine whether the agreement met the criteria for procedural fairness, including the adequacy of consultation and negotiation between the parties. Additionally, the court examined whether the agreement contained all the mandatory terms as required by the Fair Work Act and if it was in the best interests of the employees. The court also had to consider if the agreement was free from any invalid provisions that could render it non-compliant.

In its reasoning, the Fair Work Commission found that the agreement was the product of genuine consultation and negotiation between Pebmac Pty Ltd and the relevant employee representatives. The Commission confirmed that all mandatory terms were included and that the agreement was fair and reasonable in the context of the employees' interests. The court was satisfied that the agreement did not contain any invalid provisions and was, therefore, in compliance with the statutory requirements. Consequently, the application for approval was granted, and the enterprise agreement was approved.

The final orders of the court included the approval of the Pebmac Pty Ltd Enterprise Agreement 2017, effective from the date of the decision. The agreement was to be registered with the Fair Work Commission and would govern the employment conditions of the employees of Pebmac Pty Ltd. The decision reinforced the importance of procedural fairness and compliance with statutory obligations in the negotiation and approval of enterprise agreements.

Pebmac Pty Ltd T/A MOCO 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