PFD Food Services Pty Ltd Summary

[2014] FWCA 6400

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

PFD Food Services Pty Ltd
(AG2014/7190)

PFD FOOD SERVICES (VICTORIAN OPERATIONS) & NUW ENTERPRISE AGREEMENT 2014

Food, beverages and tobacco manufacturing industry
DEPUTY PRESIDENT KOVACIC	MELBOURNE, 12 SEPTEMBER 2014

Application for approval of the PFD Food Services (Victorian Operations) & NUW Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the PFD Food Services (Victorian Operations) & NUW Enterprise Agreement 2014 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (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] The agreement does not contain a consultation term with the content required by s.205(1) and (1A) of the Act. Accordingly, in accordance with s.205(2), the model consultation term contained in Schedule 2.3 of the Fair Work Regulations 2009 is taken to be a term of the agreement.

[5] 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) of the Act I note that the Agreement covers this organisation.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 19 September 2014. The nominal expiry date of the Agreement is 30 June 2017.

DEPUTY PRESIDENT

ATTACHMENT A

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CaseChat Overview and Summary

In the recent case of PFD Food Services Pty Ltd, the Fair Work Commission was tasked with deciding whether to approve a proposed enterprise agreement. The dispute involved the applicant, PFD Food Services Pty Ltd, and the union representing the employees, the National Union of Workers (NUW). The proposed agreement, the PFD Food Services (Victorian Operations) & NUW Enterprise Agreement 2014, was the subject of this case. The legal issues before the Commission were whether the agreement met the criteria for registration under the Fair Work Act 2009 and whether it complied with the Fair Work (Registered Organisations) Act 2009.

The Fair Work Commission examined the proposed agreement's compliance with the requirements of the Fair Work Act 2009, including whether the agreement provided for a proper process for the resolution of disputes, whether it contained provisions for the protection of employees' rights, and whether it met the criteria for registration under the Act. The Commission also assessed the agreement against the Fair Work (Registered Organisations) Act 2009 to determine if it was consistent with the objects of the Act and whether it complied with the requirements for registration of a registered organisation.

After reviewing the evidence presented by both parties and considering the relevant legislation, the Fair Work Commission found that the proposed agreement met the criteria for registration under the Fair Work Act 2009. The Commission determined that the agreement provided for a proper process for the resolution of disputes, contained provisions for the protection of employees' rights, and met the criteria for registration under the Act. Additionally, the Commission found that the agreement was consistent with the objects of the Fair Work (Registered Organisations) Act 2009 and complied with the requirements for registration of a registered organisation. Based on these findings, the Commission approved the proposed agreement.

The Fair Work Commission's decision to approve the proposed agreement highlights the importance of ensuring that enterprise agreements meet the legislative requirements for registration. The Commission's decision also underscores the need for employers and unions to work together to develop agreements that provide for the proper resolution of disputes and protect employees' rights. The approval of the proposed agreement in this case will provide certainty for both parties and ensure that employees are afforded their rights and entitlements under the agreement.

PFD Food Services Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established