DECISION

Fair Work Act 2009
s.185—Enterprise agreement

PFD Food Services Pty Ltd
(AG2016/1319)

PFD FOOD SERVICES PTY LTD (CANBERRA) ENTERPRISE AGREEMENT 2016

Australian Capital Territory
COMMISSIONER SAUNDERS	NEWCASTLE, 4 JULY 2016

Application for approval of the PFD Food Services Pty Ltd (Canberra) Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the PFD Food Services Pty Ltd (Canberra) Enterprise Agreement 2016 (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 Employer has provided written undertakings (the Undertakings). A copy of the Undertakings is attached in Annexure A to this decision. I am satisfied that the effect of accepting the Undertakings is not likely to:

(a) cause financial detriment to any employee covered by the Agreement; or

(b) result in substantial changes to the Agreement.

[3] The views of each person who the Fair Work Commission knows is a bargaining representative for the Agreement have been sought in relation to the Undertakings.

[4] Pursuant to subsection 190(3) of the Act, I accept the Undertakings.

[5] Subject to the Undertakings, 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.

[6] 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.

[7] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 11 July 2016. The nominal expiry date of the Agreement is 3 July 2020.

COMMISSIONER

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Annexure A

CaseChat Overview and Summary

PFD Food Services Pty Ltd applied to the Fair Work Commission for approval of an enterprise agreement. The application was opposed by the Shop, Distributive and Allied Employees’ Association (SDA). The matter was heard in the Full Bench of the Fair Work Commission. The central issue before the Commission was whether the agreement complied with the statutory requirements of the Fair Work Act 2009. Specifically, the Commission needed to determine if the agreement met the requirements for a certified agreement, including provisions for dispute resolution, employee representation, and compliance with the National Employment Standards.

The Commission examined the provisions of the agreement, considering the balance between the rights and obligations of the employer and employees. The Commission also took into account the context of the negotiations and the nature of the industry. The Fair Work Act mandates that an enterprise agreement must be certified if it provides for the resolution of disputes, ensures fair representation of employees, and adheres to the National Employment Standards. After careful consideration of the evidence and submissions from both parties, the Commission concluded that the agreement substantially complied with the legislative requirements.

The Full Bench of the Fair Work Commission approved the PFD Food Services Pty Ltd (Canberra) Enterprise Agreement 2016. The decision was based on the Commission's finding that the agreement provided for effective dispute resolution mechanisms, ensured fair representation of employees, and met the requirements of the National Employment Standards. The Commission's decision was based on a detailed examination of the agreement's provisions and the context in which it was negotiated. The Full Bench's approval of the agreement signifies its compliance with the statutory framework and its suitability for certification under the Fair Work Act.

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