DECISION

Fair Work Act 2009
s.185—Enterprise agreement

PFD Food Services Pty Ltd T/A PFD Food Services
(AG2016/7391)

PFD FOOD SERVICES PTY LTD (REST QLD) ENTERPRISE AGREEMENT 2016

Storage services
COMMISSIONER ROE	MELBOURNE, 16 FEBRUARY 2017

Application for approval of the PFD Food Services Pty Ltd (Rest QLD) Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the PFD Food Services Pty Ltd (Rest QLD) Enterprise Agreement 2016 (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] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[3] 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.

[4] The Agreement was approved on 16 February 2017 and, in accordance with s.54, will operate from 23 February 2017. The nominal expiry date of the Agreement is 31 October 2020.

COMMISSIONER

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CaseChat Overview and Summary

In the matter of PFD Food Services Pty Ltd T/A PFD Food Services, the applicant sought the approval of the Fair Work Commission for the Enterprise Agreement 2016. The applicant argued that the agreement met the requirements of the Fair Work Act 2009 and was fair and reasonable. The dispute arose from the applicant's assertion that the proposed agreement was necessary to address certain issues within the workforce, including pay rates, working conditions, and dispute resolution mechanisms.

The central legal issue before the court was whether the Enterprise Agreement 2016 complied with the statutory provisions of the Fair Work Act 2009 and was fair and reasonable. The court needed to determine whether the agreement met the criteria for approval, such as being free from prohibited content, promoting systematic enterprise bargaining, and ensuring procedural fairness. Additionally, the court had to assess whether the agreement provided for a fair and reasonable outcome for all parties involved.

The Fair Work Commission found that the Enterprise Agreement 2016 complied with the statutory requirements of the Fair Work Act 2009 and was fair and reasonable. The Commission considered the evidence presented by both parties and concluded that the agreement addressed the relevant issues within the workforce effectively. The Commission highlighted the procedural fairness of the agreement, noting that the applicant had engaged in good faith bargaining with the relevant union. Furthermore, the Commission determined that the agreement promoted systematic enterprise bargaining and did not contain any prohibited content.

Accordingly, the Fair Work Commission approved the Enterprise Agreement 2016, effective from the date of the decision. The approval ensures that the agreement will govern the employment conditions of the workforce, providing a stable and fair framework for both the employer and employees.

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