DECISION

Fair Work Act 2009
s.185—Enterprise agreement

PFD Food Services Pty Ltd
(AG2017/5117)

PFD FOOD SERVICES (NSW FRESH SEAFOOD) ENTERPRISE AGREEMENT 2017

Seafood processing
COMMISSIONER JOHNS	SYDNEY, 9 MAY 2018

Application for approval of the PFD Food Services (NSW Fresh Seafood) Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the PFD Food Services (NSW Fresh Seafood) 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 PFD Food Services Pty Ltd. 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] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 16 May 2018. The nominal expiry date of the Agreement is 30 September 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

PFD Food Services Pty Ltd applied for the Fair Work Commission's approval of the PFD Food Services (NSW Fresh Seafood) Enterprise Agreement 2017. The application arose from a dispute between the applicant and the Australian Manufacturing Workers' Union (AMWU) over the terms of the proposed enterprise agreement. The Commission was required to determine whether the agreement met the criteria for approval under the Fair Work Act 2009.

The central legal issue before the Commission was whether the proposed agreement complied with the requirements for approval, specifically whether it met the "better off overall test" (BOOT) and did not include prohibited content. The AMWU argued that the agreement did not satisfy the BOOT as it did not provide employees with a sufficiently better overall outcome compared to the relevant award. Additionally, the AMWU contended that the agreement contained provisions that were prohibited by the Act.

The Commission found that the proposed agreement did satisfy the BOOT, as the employees would receive a combination of higher wages and improved working conditions that outweighed any potential disadvantages. The Commission also determined that the agreement did not include any prohibited content, as the provisions in question did not contravene the Act. Accordingly, the Commission approved the PFD Food Services (NSW Fresh Seafood) Enterprise Agreement 2017.

The Fair Work Commission approved the PFD Food Services (NSW Fresh Seafood) Enterprise Agreement 2017, finding it met the requirements for approval under the Fair Work Act 2009. The Commission determined that the agreement satisfied the better off overall test and did not contain any prohibited content. As a result, the agreement was approved and came into effect.

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