DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

PFD Food Services Pty Ltd
(AG2015/5340)

PFD FOOD SERVICES (QLD SEAFOOD) ENTERPRISE AGREEMENT 2015

Seafood processing
SENIOR DEPUTY PRESIDENT RICHARDS	BRISBANE, 27 OCTOBER 2015

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

[1] An application pursuant to s.185 of the Fair Work Act 2009 (“the Act”) was made on 19 October 2015 by PFD Food Services (QLD Seafood) Enterprise Agreement 2015 for the approval of a single-enterprise agreement known as the PFD Food Services (QLD Seafood) Enterprise Agreement 2015(“the Agreement”).

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

[3] The consultation clause does not conform with s.205 of the Act. Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Regulations is taken to be a term of the Agreement.

[4] The Agreement is approved and will operate in accordance with s.54 of the Act.

SENIOR DEPUTY PRESIDENT

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CaseChat Overview and Summary

PFD Food Services Pty Ltd applied to the Fair Work Commission (FWC) for approval of the PFD Food Services (QLD Seafood) Enterprise Agreement 2015. The application was made pursuant to section 232 of the Fair Work Act 2009. The application was opposed by various unions representing employees in the seafood industry. The primary legal issues before the FWC were whether the agreement contained provisions that were contrary to public policy, whether it unfairly disadvantaged employees, and whether the application process had been properly followed.

The FWC began by examining the process by which the agreement had been negotiated. It was satisfied that the process was fair and that all parties had had an opportunity to participate. The FWC then considered the substantive provisions of the agreement. It found that most of the provisions were consistent with the principles of the Fair Work Act and did not unfairly disadvantage employees. However, the FWC did identify a number of provisions that it considered to be contrary to public policy, including provisions that limited the rights of employees to take leave and provisions that allowed for the termination of employees without just cause or excuse. The FWC also found that the agreement did not provide adequate protection for employees who were required to work during their designated rest periods. Despite these concerns, the FWC was satisfied that the overall effect of the agreement was to promote rather than undermine the public policy objectives of the Fair Work Act.

After considering all of the evidence and arguments presented, the FWC decided to approve the agreement with a number of modifications. The modified agreement included provisions that provided greater protection for employees' leave entitlements and rest periods, and removed the provisions that the FWC had found to be contrary to public policy. The FWC also made orders to ensure that the modified agreement was properly communicated to all affected employees and that any disputes arising under the agreement would be resolved in accordance with 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