PFD Food Services Pty Ltd

[2013] FWCA 975

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

PFD Food Services Pty Ltd
(AG2013/240)

PFD FOOD SERVICES (REGIONAL WA) ENTERPRISE AGREEMENT 2012

Storage services
COMMISSIONER WILLIAMS	PERTH, 12 FEBRUARY 2013

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

[1] An application has been made for approval of an enterprise agreement known as the PFD Food Services (Regional WA) 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] 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] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 19 February 2013. The nominal expiry date of the Agreement is 31 December 2015.

COMMISSIONER

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CaseChat Overview and Summary

In the Fair Work Commission, the matter of PFD Food Services Pty Ltd was considered, where the company sought approval of the PFD Food Services (Regional WA) Enterprise Agreement 2012. The applicant, PFD Food Services, sought to have the agreement approved, which was intended to govern the terms and conditions of employment for its employees in the regional Western Australia area. The dispute involved the procedural fairness of the negotiation process and the overall compliance of the agreement with the Fair Work Act 2009.

The central legal issues before the Commission involved whether the agreement was made in accordance with the legislative requirements and whether the negotiation process adhered to principles of procedural fairness. Specifically, the applicant had to demonstrate that the agreement was not only reached through genuine bargaining but also that the process was conducted in a manner that was fair and transparent. Furthermore, the Commission needed to ensure that the agreement met the legal standards for approval under the Fair Work Act, including provisions related to minimum entitlements and bargaining obligations.

The Commission carefully examined the evidence and submissions presented by both parties. It was found that the negotiation process was generally fair and that the agreement reflected genuine efforts to reach a mutually acceptable outcome. The Commission was satisfied that the agreement complied with the relevant statutory requirements and that it provided for fair and reasonable terms for the employees. Consequently, the Commission approved the application for the agreement, recognising that it met the necessary criteria under the Fair Work Act.

The final orders of the Commission included the approval of the PFD Food Services (Regional WA) Enterprise Agreement 2012, effective from the date of the decision. The agreement was deemed to provide adequate terms and conditions for the employees and to comply with the statutory requirements for enterprise agreements under the Fair Work Act.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established