DECISION

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

PFD Food Services Pty Ltd T/A PFD Food Services
(AG2017/3577)

PFD FOOD SERVICES (GRIFFITH & WAGGA) ENTERPRISE AGREEMENT 2017

Storage services
COMMISSIONER WILSON	MELBOURNE, 3 NOVEMBER 2017

Application for approval of the PFD Food Services (Griffith & Wagga) Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the PFD Food Services (Griffith & Wagga) 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 PFD Food Services. 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] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 10 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

In the matter of PFD Food Services Pty Ltd trading as PFD Food Services, the applicant sought approval of the PFD Food Services (Griffith & Wagga) Enterprise Agreement 2017. The application was heard in the Fair Work Commission, where the central issue revolved around the procedural fairness and the content of the proposed enterprise agreement.

The primary legal issues addressed by the Commission were whether the agreement was made in accordance with the relevant provisions of the Fair Work Act 2009 and whether it was fair and reasonable. The Commission needed to determine if there was adequate consultation between the parties, if the agreement's terms were negotiated in good faith, and if it provided appropriate protections and benefits for the employees.

The Fair Work Commission found that the agreement was procedurally sound and contained terms that were fair and reasonable. The applicant had demonstrated sufficient consultation with the employees and the union, and the terms negotiated reflected a good faith effort to reach a mutually acceptable outcome. The Commission was satisfied that the agreement provided for appropriate protections, benefits, and flexibility, and it approved the enterprise agreement.

As a result of the Commission's decision, the PFD Food Services (Griffith & Wagga) Enterprise Agreement 2017 was approved and came into effect. The final orders of the Commission mandated that the agreement be registered and enforced as a binding enterprise agreement under the Fair Work Act.

PFD Food Services Pty Ltd T/A PFD Food Services

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established