DECISION

Fair Work Act 2009
s.185—Enterprise agreement

PFD Food Services Pty Ltd
(AG2015/3383)

PFD FOOD SERVICES PTY LTD (SOUTH AUSTRALIA) ENTERPRISE AGREEMENT 2015

Storage services
COMMISSIONER ROE	MELBOURNE, 29 JULY 2015

Application for approval of the PFD Food Services Pty Ltd (South Australia) Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the PFD Food Services Pty Ltd (South Australia) 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[3] The Transport Workers’ Union of Australia and the National Union of Workers, being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers the organisations.

[4] The Agreement was approved on 29 July 2015 and, in accordance with s.54, will operate from 5 August 2015. The nominal expiry date of the Agreement is 30 April 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

PFD Food Services Pty Ltd, an applicant, sought approval for the PFD Food Services Pty Ltd (South Australia) Enterprise Agreement 2015 from the Fair Work Commission. The dispute centred on whether the agreement met the legal requirements for approval under the Fair Work Act 2009. The applicant argued that the agreement was made in good faith, contained fair terms and conditions, and was consistent with the Fair Work Act. The respondent, a trade union, contested the approval, claiming that the agreement did not adequately protect employees' rights and contained terms that were unfair.

The Fair Work Commission had to determine whether the agreement met the statutory criteria for approval. This included assessing whether the agreement was made in good faith, whether it contained minimum terms and conditions, and whether it complied with the Fair Work Act. The Commission also needed to consider the views and submissions from both parties and any relevant evidence. Additionally, the Commission evaluated whether the agreement met the public interest test, which required that the agreement would not have a detrimental effect on the broader community.

In making its decision, the Fair Work Commission found that the agreement was made in good faith and contained the minimum terms and conditions required by law. The Commission considered the submissions from both parties and found that the agreement did not adversely affect the employees' rights or the public interest. The Commission also noted that the agreement provided for fair and reasonable terms and conditions of employment. Consequently, the Fair Work Commission approved the PFD Food Services Pty Ltd (South Australia) Enterprise Agreement 2015.

The Fair Work Commission approved the agreement and ordered that it be registered. This decision was based on the Commission's finding that the agreement met all the necessary legal criteria, including being made in good faith and containing fair terms and conditions. The Commission's approval allowed the agreement to take effect and govern the employment conditions for the employees covered by the 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