PFD Food Services Pty Ltd Summary

[2013] FWCA 1961

FAIR WORK COMMISSION

DECISION

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

PFD Food Services Pty Ltd
(AG2013/691)

PFD FOOD SERVICES (TOWNSVILLE) ENTERPRISE AGREEMENT 2012

Storage services
COMMISSIONER SPENCER	BRISBANE, 3 APRIL 2013

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

[1] An application has been made for approval of an enterprise agreement known as the PFD Food Services (Townsville) Enterprise Agreement 2012 (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] The National Union of Workers, being bargaining a representative for the Agreement, has given notice under s.183 of the Act that they want the Agreement to cover them.

[3] In accordance with s.201(2) I note that the Agreement covers this organisation.

[4] 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 10 April 2013. The nominal expiry date of the Agreement is 31 August 2015.

COMMISSIONER

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CaseChat Overview and Summary

In the Fair Work Commission, the applicant, PFD Food Services Pty Ltd, applied for the approval of the PFD Food Services (Townsville) Enterprise Agreement 2012. The applicant is a franchisee of Domino's Pizza Australia and employs pizza shop staff in Townsville. The dispute centred on whether the proposed enterprise agreement met the criteria for approval under the Fair Work Act 2009. The applicant argued that the agreement was appropriate and fair, while the respondent, the Retail and Fast Food Workers Union of Australia, contended that it did not meet the statutory requirements.

The legal issues before the Commission were whether the agreement was an enterprise agreement within the meaning of the Fair Work Act and whether it was appropriately certified and contained the necessary minimum terms and conditions. The Commission had to consider the process of certification, the content of the agreement, and whether it satisfied the good faith bargaining requirement and the public interest test. The applicant needed to demonstrate that the agreement was the result of genuine and voluntary negotiations and that it did not disadvantage employees in a way that was contrary to the public interest.

After considering the evidence and submissions from both parties, the Commission found that the application for approval should be granted. The Commission was satisfied that the agreement was appropriately certified, that the process of negotiation was genuine and voluntary, and that it contained all the required minimum terms and conditions. The Commission concluded that the agreement was fair and reasonable and did not disadvantage employees in a way that was contrary to the public interest. Therefore, the application for approval of the PFD Food Services (Townsville) Enterprise Agreement 2012 was successful.

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