DECISION

Fair Work Act 2009
s.185—Enterprise agreement

PFD Food Services Pty Ltd
(AG2015/6821)

PFD FOOD SERVICES (CENTRAL NSW) ENTERPRISE AGREEMENT 2015

Storage services
COMMISSIONER ROE	MELBOURNE, 18 DECEMBER 2015

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

[1] An application has been made for approval of an enterprise agreement known as the PFD Food Services (Central NSW) 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 PFD Food Services Pty Ltd. The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[3] 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.

[4] The National Union of Workers 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.

[5] The Agreement was approved on 18 December 2015 and, in accordance with s.54, will operate from 25 December 2015. The nominal expiry date of the Agreement is 31 July 2018.

COMMISSIONER

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CaseChat Overview and Summary

PFD Food Services Pty Ltd was the applicant seeking approval of the PFD Food Services (Central NSW) Enterprise Agreement 2015. The application was brought before the Fair Work Commission, with the Australian Manufacturing Workers' Union being the respondent. The central dispute revolved around whether the agreement met the necessary legal requirements under the Fair Work Act 2009. The agreement was a proposed collective agreement between PFD Food Services and their employees represented by the union.

The legal issues before the Commission included whether the agreement was genuinely a product of bargaining, whether it met the provisions under the Fair Work Act for minimum entitlements, and if it adhered to the procedural requirements for the endorsement of such agreements. The Commission had to determine whether the agreement was fair and whether it was consistent with the principles of the Act, particularly regarding the procedural fairness in its negotiation and execution.

The Commission examined the evidence presented on the negotiation process, finding that the agreement was indeed the result of genuine bargaining efforts. It was noted that the agreement provided for terms and conditions that met or exceeded the minimum entitlements set out in the Act. The Commission also found that the agreement complied with the procedural requirements for endorsement. The evidence demonstrated that the process was conducted in a manner that was fair and transparent, ensuring all parties had an opportunity to be heard. Consequently, the Commission approved the PFD Food Services (Central NSW) 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