DECISION

Fair Work Act 2009
s.185—Enterprise agreement

PFD Food Services Pty Ltd
(AG2017/5543)

PFD FOOD SERVICES (TASMANIA) ENTERPRISE AGREEMENT 2017

Tasmania
COMMISSIONER JOHNS	SYDNEY, 23 APRIL 2018

Application for approval of the PFD Food Services (Tasmania) Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the PFD Food Services (Tasmania) 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 Transport Workers’ Union of Australia 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) I note that the Agreement covers the organisation.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 30 April 2018. The nominal expiry date of the Agreement is 8 November 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case before the court was an application by PFD Food Services Pty Ltd for approval of the PFD Food Services (Tasmania) Enterprise Agreement 2017. The dispute arose under the Fair Work Act 2009, which governs the process for the registration and approval of enterprise agreements. The matter was heard in the Federal Circuit Court of Australia.

The legal issues before the court involved whether the agreement met the criteria set out in the Fair Work Act for approval. Specifically, the court had to determine if the agreement was made in good faith and if it contained the required provisions regarding minimum wages and other employment standards. Additionally, the court needed to ascertain if the agreement had been properly negotiated and if the process for its negotiation was fair.

The court examined the evidence presented and found that the PFD Food Services (Tasmania) Enterprise Agreement 2017 was made in good faith and contained all the necessary provisions. The court was satisfied that the agreement had been negotiated fairly and that the process adhered to the requirements of the Fair Work Act. Consequently, the court approved the agreement, finding it to be compliant with the statutory criteria.

The final orders of the court were that the PFD Food Services (Tasmania) Enterprise Agreement 2017 be approved and registered under the Fair Work Act 2009. This decision allows the agreement to be in effect and binding on the parties involved, ensuring that the terms of employment are regulated by the approved agreement.

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