DECISION

Fair Work Act 2009
s.185—Enterprise agreement

PFD Food Services Pty Ltd T/A Fresh To Go
(AG2017/3684)

PFD FRESH TO GO (SA PRODUCTION/WAREHOUSE) ENTERPRISE AGREEMENT 2017

Food, beverages and tobacco manufacturing industry
COMMISSIONER WILSON	MELBOURNE, 15 NOVEMBER 2017

Application for approval of the PFD Fresh To Go (SA Production/Warehouse) Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the PFD Fresh To Go (SA Production/Warehouse) Enterprise Agreement 2017 (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 T/A Fresh To Go. The Agreement is a single enterprise agreement.

[2] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 22 November 2017. The nominal expiry date of the Agreement is 30 June 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The matter before the court involved PFD Food Services Pty Ltd, trading as Fresh To Go, and the Australian Workers' Union. The application was for the approval of the PFD Fresh To Go (SA Production/Warehouse) Enterprise Agreement 2017. The court was required to determine whether the agreement met the statutory requirements under the Fair Work Act 2009.

The legal issues before the court included whether the agreement was made in good faith and whether it contained all the necessary minimum terms and conditions as prescribed by the Act. The court also needed to consider if the agreement was in the best interest of the employees and whether it provided for fair and reasonable terms. Additionally, the court examined if the union had followed the appropriate process in negotiating the agreement.

The court found that the agreement was made in good faith and contained all the necessary minimum terms and conditions. The union had followed the appropriate process in negotiating the agreement, and the terms were fair and reasonable. The court concluded that the agreement was in the best interest of the employees. Consequently, the court approved the PFD Fresh To Go (SA Production/Warehouse) Enterprise Agreement 2017.

PFD Food Services Pty Ltd T/A Fresh To Go

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established