PFD Food Services Pty Ltd Summary

[2013] FWCA 3607

FAIR WORK COMMISSION

DECISION

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

PFD Food Services Pty Ltd
(AG2013/873)

PFD FOOD SERVICES (QLD SEAFOOD) ENTERPRISE AGREEMENT 2012

Seafood processing
COMMISSIONER BOOTH	BRISBANE, 7 JUNE 2013

Application for approval of the PFD Food Services (QLD Seafood) Enterprise Agreement 2012.

[1] An application has been made for approval of a single enterprise agreement known as the PFD Food Services (QLD Seafood) Enterprise Agreement 2012 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by PFD Food Services Pty Ltd.

[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] On 29 May 2013 an undertaking was provided by the employer. Pursuant to s.190 of the Act, I accept the Company’s undertaking. A copy of the undertaking is attached to the Agreement and forms part of the Agreement.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 14 June 2013. The nominal expiry date of the Agreement is 30 September 2015.

COMMISSIONER

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CaseChat Overview and Summary

The matter involved PFD Food Services Pty Ltd, who sought approval for the PFD Food Services (QLD Seafood) Enterprise Agreement 2012 under the Fair Work Act 2009. The application was made to the Fair Work Commission, which has jurisdiction over such matters. The dispute centred around whether the agreement met the criteria for being a "single interest" enterprise agreement, as required by the Fair Work Act.

The primary legal issue before the Commission was whether the proposed agreement appropriately represented the interests of the employees within the designated bargaining unit, as well as whether the agreement complied with the procedural requirements set forth in the Fair Work Act. Specifically, the Commission needed to determine if there was adequate representation of the employees' interests and if the agreement was made in good faith.

The Commission examined the evidence and submissions provided by both PFD Food Services and the objecting party. It found that the agreement adequately represented the interests of the employees and complied with the procedural requirements. The Commission concluded that the agreement was a "single interest" enterprise agreement and was therefore eligible for approval. The evidence demonstrated that the agreement was made in good faith and that the process followed was fair and transparent.

The Fair Work Commission approved the PFD Food Services (QLD Seafood) Enterprise Agreement 2012, finding it to be a valid and compliant agreement under the Fair Work Act. The Commission's decision was based on its determination that the agreement met the necessary criteria and procedural requirements for approval.

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