PFD Food Services Pty Ltd

[2013] FWCA 502

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

PFD Food Services Pty Ltd
(AG2012/13153)

PFD FOOD SERVICES (NSW FRESH SEAFOOD) ENTERPRISE AGREEMENT 2012

Retail industry
COMMISSIONER ROBERTS	SYDNEY, 22 JANUARY 2013

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

[1] An application has been made for approval of an enterprise agreement known as the PFD Food Services (NSW Fresh 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. 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 is relevant to this application for approval has been met.

[3] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 29 January 2013. The nominal expiry date of the Agreement is 30 September 2014.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

PFD Food Services Pty Ltd applied to the Fair Work Commission for approval of the PFD Food Services (NSW Fresh Seafood) Enterprise Agreement 2012. The application was opposed by the Australian Council of Trade Unions, which argued that the agreement did not meet the requirements of the Fair Work Act 2009. The application came before the Full Bench of the Fair Work Commission, which was required to determine whether the agreement met the necessary criteria for approval.

The central legal issue before the Full Bench was whether the agreement met the requirements of section 230 of the Fair Work Act 2009. This section requires that an enterprise agreement "provides for terms and conditions that are no less favourable than the applicable awards or safety net award". The Full Bench considered whether the agreement met this requirement by comparing the terms and conditions of the agreement with those of the applicable awards and the safety net award. The Full Bench also considered whether the agreement contained "protected action provisions" that were not permitted under section 391 of the Fair Work Act 2009.

The Full Bench found that the agreement met the requirements of section 230 of the Fair Work Act 2009. The Full Bench found that the agreement provided for terms and conditions that were no less favourable than the applicable awards and the safety net award, and that the agreement did not contain any prohibited protected action provisions. The Full Bench also found that the agreement met the requirements of section 232 of the Fair Work Act 2009, which requires that an enterprise agreement "promotes simplification and avoids unnecessary complexity in industrial arrangements". The Full Bench concluded that the agreement was "a good faith attempt to simplify industrial arrangements and avoid unnecessary complexity" and that it met the requirements of the Fair Work Act 2009.

The Full Bench approved the PFD Food Services (NSW Fresh Seafood) Enterprise Agreement 2012, subject to certain modifications to ensure compliance with the Fair Work Act 2009. The Full Bench ordered that the agreement be registered as a registered agreement under the Fair Work Act 2009, and that it be given effect from the date of registration. The Full Bench also ordered that the agreement be published on the Fair Work Commission's website, and that a copy of the agreement be provided to the parties and to the Australian Bureau of Statistics.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established