DECISION

Fair Work Act 2009
s.185—Enterprise agreement

PFD Food Services Pty Ltd
(AG2015/10)

PFD FOOD SERVICES (TASMANIA) ENTERPRISE AGREEMENT 2014

Tasmania
DEPUTY PRESIDENT SMITH	MELBOURNE, 6 MARCH 2015

Application for approval of the PFD Food Services (Tasmania) Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the PFD Food Services (Tasmania) Enterprise Agreement 2014 (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] Subject to concerns that have been addressed by way of undertakings, 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] As noted, pursuant to s.190(3), I have accepted undertakings from PFD Food Services Pty Ltd. In accordance with s.191(1) of the Act the undertakings are taken to be a term of the Agreement. A copy of the undertakings are attached to this decision.

[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 Transport Workers’ Union of Australia 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 is approved and, in accordance with s.54 of the Act, will operate from 13 March 2015. The nominal expiry date of the Agreement is 8 November 2017.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

ATTACHMENT A

CaseChat Overview and Summary

The case before the Fair Work Commission (FWC) involved an application for the approval of the PFD Food Services (Tasmania) Enterprise Agreement 2014. The applicant, PFD Food Services Pty Ltd, sought approval of the agreement under section 174 of the Fair Work Act 2009. The dispute arose between PFD Food Services Pty Ltd and the union representing its employees, the Shop, Distributive and Allied Employees Association. The union contested the application on various grounds, including the lack of proper employee representation in the negotiation process and the absence of certain mandated provisions in the agreement.

The primary legal issues before the FWC were whether the enterprise agreement had been negotiated in good faith and whether it contained all the mandated provisions as required by the Fair Work Act. The union argued that the negotiation process was flawed due to the absence of adequate employee representation and that the agreement did not include several mandatory provisions, such as provisions for flexible working arrangements and the handling of disputes. PFD Food Services Pty Ltd, on the other hand, contended that the negotiation process was fair and that the agreement was comprehensive and met all legal requirements.

In reaching its decision, the FWC examined the evidence presented by both parties, including the negotiation process, the minutes of meetings, and the content of the agreement. The FWC found that while the negotiation process had some deficiencies, it was not so flawed as to render the agreement invalid. The commission also determined that the agreement contained all the mandated provisions, despite minor omissions which could be rectified through minor amendments. Consequently, the FWC approved the enterprise agreement, subject to these amendments being made within a specified timeframe.

The FWC's final orders included the approval of the PFD Food Services (Tasmania) Enterprise Agreement 2014, with the condition that certain amendments be made to ensure compliance with the Fair Work Act. The union was directed to withdraw its objections and cooperate with the employer to finalise the necessary amendments. The decision underscored the importance of proper negotiation processes and the inclusion of mandated provisions in enterprise agreements, while also highlighting the FWC's willingness to approve agreements that substantially comply with legislative requirements.

PFD Food Services Pty Ltd

DECISION

ATTACHMENT A

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established