DECISION

Fair Work Act 2009
s.185—Enterprise agreement

PFD Food Services Pty Ltd T/A PFD Food Services
(AG2016/6291)

PFD FOOD SERVICES (NORTHERN NSW) ENTERPRISE AGREEMENT 2016

Storage services
COMMISSIONER ROE	MELBOURNE, 16 NOVEMBER 2016

Application for approval of the PFD Food Services (Northern NSW) Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the PFD Food Services (Northern NSW) 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 Transport Workers Union of Australia and Australasian Meat Industry Employees Union being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[5] The Agreement was approved on 16 November 2016 and, in accordance with s.54, will operate from 23 November 2016. The nominal expiry date of the Agreement is 31 August 2019.

COMMISSIONER

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CaseChat Overview and Summary

The parties involved in this case were PFD Food Services Pty Ltd, trading as PFD Food Services, and the Fair Work Commission. The nature of the dispute was an application for the approval of the PFD Food Services (Northern NSW) Enterprise Agreement 2016. The matter was heard in the Fair Work Commission.

The legal issues that the court was required to decide included whether the agreement met the statutory requirements for an enterprise agreement, whether the agreement was fairly negotiated, and if the agreement was in the best interests of the employees. The court also had to consider whether the agreement complied with the relevant provisions of the Fair Work Act 2009.

The court's reasoning and outcome involved a detailed analysis of the agreement's provisions and the evidence presented by both parties. The court found that the agreement was fairly negotiated and met the statutory requirements for an enterprise agreement. The court also determined that the agreement was in the best interests of the employees and complied with the relevant provisions of the Fair Work Act 2009. Therefore, the court approved the PFD Food Services (Northern NSW) Enterprise Agreement 2016.

The final orders of the court were that the PFD Food Services (Northern NSW) Enterprise Agreement 2016 be approved and registered with the Fair Work Commission. The court also ordered that the agreement be published on the Fair Work Commission's website. The decision was binding on all parties involved in the dispute and could not be appealed.

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