DECISION

Fair Work Act 2009
s.185—Enterprise agreement

PFD Food Services Pty Ltd
(AG2015/7144)

PFD FOOD SERVICES (TOWNSVILLE) ENTERPRISE AGREEMENT 2015

Storage services
COMMISSIONER ROE	MELBOURNE, 4 FEBRUARY 2016

Application for approval of the PFD Food Services (Townsville) Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the PFD Food Services (Townsville) Enterprise Agreement 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by PFP 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 Australian Workers’ Union 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 was approved on 4 February 2016 and, in accordance with s.54, will operate from 11 February 2016. The nominal expiry date of the Agreement is 31 August 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

PFD Food Services Pty Ltd applied to the Fair Work Commission for approval of the PFD Food Services (Townsville) Enterprise Agreement 2015. The respondent, United Voice Queensland, opposed the application on various grounds, including that the agreement did not meet the requirements of the Fair Work Act 2009. The Commission was required to determine whether the agreement was a "better off overall test" (BOOT) agreement and whether it met the relevant legislative criteria for approval.

The key issue before the Commission was whether the proposed agreement met the "better off overall" test, which required the Commission to be satisfied that the employees were no worse off and at least some employees were better off overall under the agreement compared to their previous terms and conditions of employment. The Commission also needed to assess whether the agreement contained all the mandatory terms as required by the Fair Work Act and whether the agreement was made in good faith and not for the purposes of defeating the purpose of the Act.

The Fair Work Commission found that the proposed agreement met the "better off overall" test and contained all the mandatory terms. The Commission determined that the agreement was made in good faith and did not defeat the purpose of the Act. The Commission approved the application and registered the PFD Food Services (Townsville) Enterprise Agreement 2015.

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