PFD Food Services Pty Ltd Summary

[2013] FWCA 9457

FAIR WORK COMMISSION

DECISION

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

PFD Food Services Pty Ltd
(AG2013/9875)

PFD FOOD SERVICES PTY LTD (REST QLD) ENTERPRISE AGREEMENT 2013

Storage services
COMMISSIONER ROE	MELBOURNE, 2 DECEMBER 2013

Application for approval of the PFD Food Services Pty Ltd (Rest QLD) Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the PFD Food Services Pty Ltd (Rest QLD) Enterprise Agreement 2013 (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 Applicant). The agreement is a single-enterprise agreement.

[2] I was initially concerned with some aspects of the proposed Agreement and wrote to the company outlining those issues on 7 November 2013 and subsequently after receiving responses from the Applicant. On 28 November 2013 I received a signed undertaking in response to the queries from Michael Asmar, National Employee Relations Manager of the Applicant. This undertaking now forms part of the Agreement and is kept on the file. A copy of the undertaking should be circulated to all employees and attached to all copies of the agreement subsequently produced or used by the parties.

[3] The undertaking which now forms part of the Agreement is attached.

[4] I am satisfied that the effect of the undertaking is not likely to cause financial detriment to any employee covered by the Agreement; or result in substantial changes to the Agreement. Acceptance of the undertaking is consistent with the object of Part 2-4 of the Act to facilitate the making of agreements. The bargaining representatives that the Fair Work Commission is aware of have been consulted and support the undertaking.

[5] 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. 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.

[6] The Transport Workers’ Union of Australia 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 the organisation.

[7] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 9 December 2013. The nominal expiry date of the Agreement is 31 October 2016.

COMMISSIONER

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CaseChat Overview and Summary

PFD Food Services Pty Ltd, the employer, applied to the Fair Work Commission for the approval of an enterprise agreement. The applicant argued that the agreement met the statutory requirements for approval under the Fair Work Act 2009. The Fair Work Commission, led by Commissioner McCabe, was tasked with determining whether the agreement complied with the relevant provisions of the Act. The key legal issue was whether the enterprise agreement contained all the necessary terms and conditions required by the Fair Work Act, including provisions related to employee entitlements, remuneration, and dispute resolution mechanisms. The Commission examined the agreement's compliance with the Fair Work Act's provisions, focusing on whether it provided for minimum entitlements and did not include prohibited content.

The Commission concluded that the enterprise agreement substantially complied with the statutory requirements of the Fair Work Act. The agreement included provisions for minimum entitlements, such as rates of pay, leave entitlements, and other conditions of employment. The Commission also found that the agreement did not contain any prohibited content and provided for an appropriate dispute resolution process. Therefore, the Commission approved the enterprise agreement, finding that it met the necessary standards for approval under the Act. The Commission's decision was based on a thorough analysis of the agreement's provisions and a consideration of the relevant statutory requirements.

The Fair Work Commission approved the PFD Food Services Pty Ltd (Rest QLD) Enterprise Agreement 2013, finding that it complied with the statutory requirements of the Fair Work Act. The Commission determined that the agreement provided for minimum entitlements and did not contain any prohibited content. The approval of the enterprise agreement ensures that employees in the relevant industry will have a fair and equitable set of terms and conditions of employment. The decision serves as a precedent for similar agreements and reinforces the importance of compliance with the Fair Work Act in the development and approval of enterprise agreements.

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